Sigma-Aldrich Company, Fort Mims Site, 66597-66600 [2021-25551]
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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
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available information related to this
action by any of the following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov/ and search
for Docket ID NRC–2021–0071.
• 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
‘‘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 supporting
statement is available in ADAMS under
Accession No. ML21193A150.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
(ET), Monday through Friday, except
Federal holidays.
• NRC’s Clearance Officer: A copy of
the collection of information and related
instructions may be obtained without
charge by contacting the NRC’s
Clearance Officer, David Cullison,
Office of the Chief Information Officer,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–2084; email:
Infocollects.Resource@nrc.gov.
B. Submitting Comments
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to https://www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under Review—
Open for Public Comments’’ or by using
the search function.
The NRC cautions you not to include
identifying or contact information in
comment submissions that you do not
want to be publicly disclosed in your
comment submission. All comment
submissions are posted at https://
www.regulations.gov/ and entered into
ADAMS. Comment submissions are not
routinely edited to remove identifying
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If you are requesting or aggregating
comments from other persons for
submission to the OMB, then you
should inform those persons not to
include identifying or contact
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information that they do not want to be
publicly disclosed in their comment
submission. Your request should state
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routinely edited to remove such
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submissions available to the public or
entering the comment into ADAMS.
II. Background
Under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), the NRC recently
submitted a request for renewal of an
existing collection of information to
OMB for review entitled, ‘‘Requests to
Agreement States and Non-Agreement
States for Information.’’ The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
The NRC published a Federal
Register notice with a 60-day comment
period on this information collection on
April 26, 2021 (86 FR 22077). On
August 23, 2021 (86 FR 47164), the NRC
published a Federal Register notice
with a 30-day comment period. The
NRC was delayed in submitting the
renewal to OMB, therefore, the NRC is
reissuing this information collection to
provide the public the full 30 days to
submit comments.
1. The title of the information
collection: ‘‘Requests to Agreement
States and Non-Agreement States for
Information.’’
2. OMB approval number: 3150–0029.
3. Type of submission: Revision.
4. The form number, if applicable:
Not applicable.
5. How often the collection is required
or requested: One-time, on occasion.
6. Who will be required or asked to
respond: 50 states, the District of
Columbia, and Puerto Rico.
7. The estimated number of annual
responses: 1,965.
8. The estimated number of annual
respondents: 52.
9. The estimated number of hours
needed annually to comply with the
information collection requirement or
request: 15,720.
10. Abstract: The NRC is requesting
OMB approval of a plan for a generic
collection of information. The need and
practicality of the collection can be
evaluated, but the details of the specific
individual collections will not be
known until a later time. The
Agreement States and non-Agreement
States will be asked on a one-time or as
needed basis to respond to a specific
incident, to gather information on
licensing and inspection practices or
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other technical information, or to
provide comments on proposed policy
and program updates. The results of
such information requests, which are
authorized under Section 274(b) of the
Atomic Energy Act, will be utilized in
part by the NRC in preparing responses
to Congressional inquiries. In addition,
the information can assist the
Commission in its considerations and
decisions involving Atomic Energy Act
materials programs in an effort to make
the national nuclear materials program
more uniform and consistent.
Dated: November 17, 2021.
For the Nuclear Regulatory Commission.
David C. Cullison,
NRC Clearance Officer, Office of the Chief
Information Officer.
[FR Doc. 2021–25473 Filed 11–22–21; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 30–10716; NRC–2020–0214]
Sigma-Aldrich Company, Fort Mims
Site
Nuclear Regulatory
Commission.
ACTION: Environmental assessment and
finding of no significant impact;
issuance.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is considering
amending the NRC’s Materials License
No. 24–16273–01, issued to SigmaAldrich Company (the licensee), for
possession of byproduct material
incident to radiological survey, storage
of waste awaiting disposal, and
decontamination, and remediation of
the Fort Mims Site. The proposed
amendment is to revise the
decommissioning plan and terminate
the license for the licensee’s Fort Mims
Site in Maryland Heights, Missouri. The
NRC staff is issuing an environmental
assessment (EA) and finding of no
significant impact (FONSI) associated
with the proposed action.
DATES: The EA and FONSI referenced in
this document are available on
November 23, 2021.
ADDRESSES: Please refer to Docket ID
NRC–2020–0214 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 Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2020–0214. Address
questions about Docket IDs in
SUMMARY:
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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
Regulations.gov to Stacy Schumann;
telephone: 301–415–0624; email:
Stacy.Schumann@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
‘‘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. For the
convenience of the reader, instructions
about obtaining materials referenced in
this document are provided in the
‘‘Availability of Documents’’ section.
• NRC’s PDR: You may examine and
purchase copies of public documents,
by appointment, at the NRC’s PDR,
Room P1 B35, One White Flint North,
11555 Rockville Pike, Rockville,
Maryland 20852. To make an
appointment to visit the PDR, please
send an email to PDR.Resource@nrc.gov
or call 1–800–397–4209 or 301–415–
4737, between 8:00 a.m. and 4:00 p.m.
(ET), Monday through Friday, except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
George Alexander, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
814–415–6755; email:
George.Alexander@nrc.gov.
SUPPLEMENTARY INFORMATION:
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I. Introduction
The NRC is considering issuance of an
amendment of NRC Materials License
24–16273–01, issued to Sigma-Aldrich
Company, for operation of the Fort
Mims Site, located in Maryland Heights,
Missouri. Therefore, as required by Part
51 of title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions,’’ the NRC performed an EA.
Based on the results of the EA that
follows, the NRC has determined not to
prepare an environmental impact
statement for the license amendment
and is issuing a FONSI.
The revised decommissioning plan
was submitted to the NRC, by email
dated August 22, 2019, and
supplemented by a license termination
request, dated April 27, 2020. On
October 19, 2020, an application to
amend Sigma-Aldrich’s
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decommissioning plan and terminate
NRC Materials License No. 24–16273–
01 was submitted by NRC Form 313
‘‘Application for Materials License.’’ In
its revised decommissioning plan, the
licensee requests the option to perform
direct dose assessment of residual
radioactivity, in addition to using
derived concentration guideline levels
(DCGLs), to demonstrate compliance
with the license termination criteria in
10 CFR 20.1402, at the Fort Mims Site
in Maryland Heights, Missouri. Under
Sigma-Aldrich’s license, the licensee
shall conduct its decommissioning
program in accordance with its
decommissioning plan. The
decommissioning plan dated October
22, 2008, states that the licensee will
rely on the screening values in
Appendix H of NRC’s ‘‘Consolidated
Decommissioning Guidance:
Characterization, Survey, and
Determination of Radiological Criteria’’
(NUREG–1757), Vol. 2, Rev. 1 to
demonstrate that the Fort Mims Site
meets the release criteria for
unrestricted use specified in 10 CFR
20.1402. By letter dated May 12, 2009,
the NRC approved Sigma-Aldrich’s
decommissioning plan, which does not
include the use of a dose assessment
approach to demonstrate compliance.
The licensee’s commitments in its
current decommissioning plan include
remediating all residual activity to
levels below approved screening values.
The NRC guidance in NUREG–1757,
Vol. 2, Rev. 1 allows for the use of either
the DCGL or dose assessment approach
to demonstrate compliance with 10 CFR
20 1402. NRC staff is reviewing the
license amendment requests to revise
the decommissioning plan and
terminate the license concurrently
because, if the staff approves the revised
decommissioning plan and determines
that the site meets the radiological
criteria for unrestricted use under 10
CFR 20.1402, the license can be
terminated without additional site
characterization or soil remediation.
On December 21, 2020, the NRC
published in the Federal Register (85
FR 83109), a notice of opportunity to
provide comment, request a hearing,
and petition for leave to intervene. No
comments, requests, or petitions for
leave were received.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would approve
two requests for license amendment.
First, Sigma requested the option to
perform direct dose assessment of
residual radioactivity in addition to
using DCGLs to demonstrate compliance
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with the radiological criteria for
unrestricted use in 10 CFR 20.1402 at
the Fort Mims Site in Maryland Heights,
Missouri. The NRC guidance in
NUREG–1757, Vol. 2, Rev. 1, allows for
the use of either the DCGL or dose
assessment approach in demonstrating
compliance with the license termination
criteria.
Second, Sigma also requested license
termination based on the site-specific
dose assessment in the revised
decommissioning plan and the site
characterization data referenced in the
letter dated April 27, 2020. Because,
according to the licensee, the revised
decommissioning plan and site
characterization data indicate that the
site meets the radiological criteria for
unrestricted use in 10 CFR 20.1402, and,
therefore, the license could be
terminated without additional site
characterization or soil remediation.
The proposed action is in accordance
with the licensee’s application dated
August 22, 2019, as supplemented on
April 27, 2020 and October 19, 2020.
Need for the Proposed Action
The proposed action is needed
because Sigma was originally approved
to use screening DCGL values to
demonstrate that the entire site meets
the radiological criteria for unrestricted
use specified in 10 CFR 20.1402.
Derived concentration guideline levels
are intended to be conservative because
they are designed to apply generically
across a range of sites. However, during
site characterization, Sigma identified
areas of contamination exceeding the
screening DCGL values. Instead of
remediating the contaminated soil to
less than the screening DCGL values,
Sigma requested the use of a dose
assessment approach in addition to
DCGLs to demonstrate that the site
meets the NRC criteria for unrestricted
release. The NRC’s proposed approval of
Sigma’s use of the dose assessment and
DCGL approach instead of the DCGL
screening values for the site would
allow Sigma to use site-specific
information in a more realistic manner.
A license amendment is required for
Sigma to change their approach from
screening DCGLs to the use of a dose
assessment approach in combination
with DCGLs.
In addition to the request for use of
the dose assessment approach in
combination with DCGLs, Sigma also
requested license termination, as they
have ceased principal activities at the
Fort Mims Site. The NRC needs to fulfill
its responsibilities under the Atomic
Energy Act by making a decision on the
proposed license termination request in
a manner that would allow unrestricted
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use of the site while protecting public
health and safety and the environment.
Environmental Impacts of the Proposed
Action
The Fort Mims Site is located within
the Lakeside Crossing Industrial Park,
which is zoned for industrial and
commercial use. The proposed action
would authorize Sigma to adopt a dose
assessment approach for certain areas of
the site to demonstrate compliance with
the radiological criteria for unrestricted
use in 10 CFR 20.1402 and to terminate
their license. Sigma would use the dose
assessment approach in combination
with DCGLs to evaluate the entire site.
The dose assessment approach would
result in a higher allowed level of
residual radioactivity in certain areas of
the site in comparison to the previously
approved approach of using screening
DCGL values. The use of screening
DCGL values would require remediation
of contaminated soils that are present in
the areas described in Section 2 of this
EA. That residual contamination affects
the soil and groundwater resources at
the Fort Mims Site. However, as
explained in this notice, the radiological
and nonradiological impacts from this
residual contamination would not be
significant and the site would meet the
NRC’s requirements for unrestricted use.
In the Safety Evaluation Report for the
Fort Mims Site, NRC staff evaluated the
dose impacts from the C–14 and H–3
contamination to potential future
receptors. The staff reviewed the revised
decommissioning plan, in which Sigma
evaluated an industrial worker as the
likely scenario for the Fort Mims Site.
Sigma also evaluated a suburban
resident scenario, which is plausible but
less likely because the parcel is
currently zoned for commercial and
industrial use, which is the expected
future use for the land as well. In the
industrial worker scenario, the
hypothetical worker is at the site for 8
hours per day, does not consume food
grown or well water from the site, leaves
the site after work, and does not work
on weekends. In the second scenario,
the hypothetical suburban resident is at
the site for 24 hours per day and has a
vegetable garden but does not consume
water from an onsite well because of the
availability of a public water system.
The maximum total radiological dose is
projected to be 0.0002 millisievert/year
(0.02 millirem/year) for the most likely
scenario of industrial worker from
exposure to site soils. The projected
dose to the less likely, but plausible,
scenario of suburban resident from
exposure to site soils and food from the
garden is 0.038 millisievert/year (3.8
mrem/year). If groundwater from an
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onsite well were consumed at the Fort
Mims Site, the dose would be
approximately 0.019 millisievert/year
(1.9 millirem/year) based on: (1) The
maximum observed groundwater
concentrations of C–14 and H–3 in the
groundwater, and (2) an ingestion rate of
1.4 liter/day (0.37 gal/day). All of these
potential doses are significantly less
than the NRC’s unrestricted use
criterion in 10 CFR 20.1402 of 0.25
millisievert/year (25 millirem/year).
Based on its review, the NRC staff
determined that the radiological
environmental impacts from the
proposed action for the facility are
bounded by the ‘‘Generic Environmental
Impact Statement in Support of
Rulemaking on Radiological Criteria for
License Termination of NRC-Licensed
Nuclear Facilities’’ (NUREG–1496,
Vol.1). Because of the localized nature
of the impacts, the NRC staff does not
expect any cumulative effects from the
proposed action, when considered in
combination with previously approved
actions at the site and other past,
present, or reasonably foreseeable
actions. The total dose from the residual
radioactivity at the site will continue to
be less than the 0.25 mSv/y (25 mrem/
y) criterion.
Environmental Impacts of the
Alternatives to the Proposed Action
As an alternative to the proposed
action, the staff considered denial of the
proposed action (i.e., the ‘‘no-action’’
alternative). If Sigma is not authorized
to use the dose assessment approach to
demonstrate compliance with 10 CFR
20.1402, then Sigma would have to
remove the residual radioactivity (by
excavating soils) to reach levels that are
below the previously approved DCGL
values, in order to terminate their
license. Approximately 860 m3 (1,100
yd3) of soils would need to be
excavated. Although the residual levels
of radioactivity in the soils are well
below the NRC’s criterion for
unrestricted release of the site, the
excavation and removal of this material
would create a potential for radiological
environmental impacts. Radiological
environmental impacts that could result
from such remediation activities include
inhalation and ingestion hazards to
workers and the public. As described in
the NUREG–1496 and NUREG–1748,
‘‘Environmental Review Guidance for
Licensing Actions Associated with
NMSS Programs,’’ the excavation and
removal of soil would also impact air
quality (dust from excavation), increase
noise (earthmoving equipment), and
affect transportation. These impacts
would not be significant but, taken
together, the potential nonradiological
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and radiological impacts of the noaction alternative would be greater than
the radiological and nonradiological
impacts of leaving the soil in place.
Alternative Use of Resources
The proposed action does not affect
any resource implications discussed in
previous environmental reviews.
Agencies and Persons Consulted
The NRC staff consulted with the
Missouri Department of Natural
Resources regarding the environmental
impact of the proposed action. By letter
dated August 10, 2021, the State of
Missouri provided several comments,
and the NRC provided a response to
those comments. Additionally, as
described in the NRC’s 2009
decommissioning plan approval EA,
NRC staff previously consulted with the
Missouri Department of Conservation,
Wildlife Division, Endangered Species,
on March 5, 2009 as required by Section
7 of the Endangered Species Act. The
purpose of the call was to ensure that
the licensing action is ‘‘not likely to
jeopardize the continued existence of
any endangered species or threatened
species or result in the destruction or
adverse modification of the habitat of
such species.’’ The Missouri Wildlife
Division staff indicated that, based on
their review and knowledge of current
documents relating to possible
endangered species, the
decommissioning and release of the
Sigma building located in Maryland
Heights, Missouri would not affect any
endangered species. NRC staff have
determined that the current proposed
action of allowing dose modeling and
license termination would not affect
listed species or critical habitat, because
there would be no additional
disturbance of the site. Therefore, no
additional consultation is required
under Section 7 of the Endangered
Species Act.
As described in the NRC’s 2009
decommissioning plan approval EA,
NRC staff previously consulted with the
Missouri Department of Natural
Resources, as required by Section 106 of
the National Historic Preservation Act.
By letter dated March 19, 2009 from the
Department of Natural Resource’s State
Historic Preservation Office, Director,
and Deputy State Historic Preservation
Officer, the State indicated that ‘‘[w]e
have reviewed the information provided
concerning the above referenced project.
Based on this review we concur that the
Sigma Aldrich Chemical Company is
not eligible for inclusion in the National
Register of Historic Places. In our
opinion, the property has been
extensively disturbed, and there is little
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Federal Register / Vol. 86, No. 223 / Tuesday, November 23, 2021 / Notices
potential for the occurrence of
archaeological sites. We concur that
there will be no historic properties
affected and we have no objection to the
initiation of project activities.’’ NRC
staff have determined that the current
proposed action of allowing dose
modeling and license termination is not
the type of activity that has potential to
cause effects on historic properties,
because there will be no additional
disturbance of the site. Therefore, no
additional consultation is required
under Section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
Per NRC guidance in NUREG–1757,
Vol. 2, Rev. 1, the use of dose
assessment in combination with DCGLs
is an acceptable approach for
demonstrating compliance with 10 CFR
20.1402. NRC staff also determined in
its Safety Evaluation Report that the site
meets the unrestricted use criterion in
10 CFR 20.1402 and that the license can
be terminated.
On the basis of the EA, the NRC
concludes that the proposed action will
not have a significant effect on the
quality of the human environment.
Accordingly, the NRC has determined
not to prepare an environmental impact
statement for the proposed action.
IV. Availability of Documents
The documents identified in the
following table are available to
interested persons through one or more
of the following methods, as indicated.
ADAMS
accession No.
Document
NUREG–1748, ‘‘Environmental Review Guidance for Licensing Actions Associated with NMSS Programs’’ ............................
NUREG–1757, Vol. 2, Rev.1, ‘‘Consolidated Decommissioning Guidance: Characterization, Survey, and Determination of
Radiological Criteria’’ .................................................................................................................................................................
Letter from Sigma-Aldrich, regarding Decommissioning Plan, dated October 22, 2008 ..............................................................
Consultation with State of Missouri Department of Conservation, regarding Endangered Species, dated March 5, 2009 ........
Letter from State of Missouri Department of Natural Resources, State Historic Preservation Officer, regarding Sigma-Aldrich,
dated March 19, 2009 ................................................................................................................................................................
Federal Register Notice—Environmental Assessment for Sigma-Aldrich Company’s Decommissioning Plan License Amendment, dated April 28, 2009 ........................................................................................................................................................
NRC Approval of Sigma-Aldrich Company’s Fort Mims Facility Decommissioning Plan, dated May 12, 2009 ..........................
Sigma-Aldrich Fort Mims Site Revised Decommissioning Plan, dated June 27, 2019 ................................................................
Transmittal Email—Sigma-Aldrich Fort Mims Revised Decommissioning Plan, dated August 22, 2019 ....................................
Sigma-Aldrich Fort Mims Site Request for License Termination, dated April 27, 2020 ...............................................................
NUREG–1496, Vol.1, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities’’ ..........................................................................................................
Sigma-Aldrich Fort Mims Site Revised Decommissioning Plan: NRC Form 313, ‘‘Application for Materials License,’’ dated
October 19, 2020 .......................................................................................................................................................................
Letter from the State of Missouri Department of Natural Resources, regarding Comments on the Draft Environmental Assessment for the Sigma-Aldrich Fort Mims Site, dated August 10, 2021 .................................................................................
Safety Evaluation Report of Revised Decommissioning Plan and License Termination Request for the Sigma-Aldrich Fort
Mims Site ...................................................................................................................................................................................
NRC Response to State of Missouri Department of Natural Resources on Sigma-Aldrich Draft Environmental Assessment,
dated October 12, 2021 .............................................................................................................................................................
Dated: November 18, 2021.
For the Nuclear Regulatory Commission.
Randolph W. Von Till,
Chief, Uranium Recovery and Materials
Decommissioning Branch, Division of
Decommissioning, Uranium Recovery and
Waste Programs, Office of Nuclear Material
Safety and Safeguards.
[FR Doc. 2021–25551 Filed 11–22–21; 8:45 am]
BILLING CODE 7590–01–P
OFFICE OF PERSONNEL
MANAGEMENT
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[OMB No. 3206–0277]
Proposed Collection; Comment
Request for Review of an Information
Collection: Certification of Vaccination
Common Form
Office of Personnel
Management.
ACTION: Notice of request for approval of
information collection previously given
an emergency clearance.
AGENCY:
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In accordance with the
Paperwork Reduction Act of 1995, this
notice announces that the Office of
Personnel Management (OPM) intends
to submit to the Office of Management
and Budget (OMB) a request for review
of an existing Emergency collection for
the OPM Form: Certification of
Vaccination Common Form. Approval
of the 3206–0277 is necessary for
establishing specific safety protocols for
two groups—‘‘fully vaccinated people’’
and ‘‘not fully vaccinated people’’—
respectively. Individuals who disclose
that they are fully vaccinated may
comply with agency guidance for fully
vaccinated individuals; those who are
unvaccinated, are only partially
vaccinated, or who choose not to
provide this information will be
required to comply with the Centers for
Disease Control and Prevention and
agency guidance for not fully vaccinated
individuals, including wearing masks
regardless of the transmission rate in a
given area, physical distancing, regular
testing, and adhering to applicable
travel requirements.
SUMMARY:
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Comments on this proposal
should be received within 60 calendar
days from the date of this publication.
DATES:
You may submit comments,
identified by docket number and/or
Regulatory Information Number (RIN)
and title, by the following method:
ADDRESSES:
— Federal Rulemaking Portal: https://
www.rgulations.gov. Follow the
instructions for submitting comments.
Via email to employ@opm.gov or send
mail to U.S. Office of Personnel
Management 1900 E Street NW, Room
6500 N Washington, DC 20415.
All submissions received must
include the agency name and docket
number or RIN for this document. The
general policy for comments and other
submissions from members of the public
is to make these submissions available
for public viewing at https://
www.regulations.gov as they are
received without change, including any
personal identifiers or contact
information.
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]]>Agencies
[Federal Register Volume 86, Number 223 (Tuesday, November 23, 2021)]
[Notices]
[Pages 66597-66600]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25551]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 30-10716; NRC-2020-0214]
Sigma-Aldrich Company, Fort Mims Site
AGENCY: Nuclear Regulatory Commission.
ACTION: Environmental assessment and finding of no significant impact;
issuance.
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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is considering
amending the NRC's Materials License No. 24-16273-01, issued to Sigma-
Aldrich Company (the licensee), for possession of byproduct material
incident to radiological survey, storage of waste awaiting disposal,
and decontamination, and remediation of the Fort Mims Site. The
proposed amendment is to revise the decommissioning plan and terminate
the license for the licensee's Fort Mims Site in Maryland Heights,
Missouri. The NRC staff is issuing an environmental assessment (EA) and
finding of no significant impact (FONSI) associated with the proposed
action.
DATES: The EA and FONSI referenced in this document are available on
November 23, 2021.
ADDRESSES: Please refer to Docket ID NRC-2020-0214 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 Website: Go to https://www.regulations.gov and search for Docket ID NRC-2020-0214. Address
questions about Docket IDs in
[[Page 66598]]
Regulations.gov to Stacy Schumann; telephone: 301-415-0624; email:
[email protected]. 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 ``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 [email protected]. For the convenience of the reader,
instructions about obtaining materials referenced in this document are
provided in the ``Availability of Documents'' section.
NRC's PDR: You may examine and purchase copies of public
documents, by appointment, at the NRC's PDR, Room P1 B35, One White
Flint North, 11555 Rockville Pike, Rockville, Maryland 20852. To make
an appointment to visit the PDR, please send an email to
[email protected] or call 1-800-397-4209 or 301-415-4737, between
8:00 a.m. and 4:00 p.m. (ET), Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: George Alexander, Office of Nuclear
Material Safety and Safeguards, U.S. Nuclear Regulatory Commission,
Washington, DC 20555-0001; telephone: 814-415-6755; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Introduction
The NRC is considering issuance of an amendment of NRC Materials
License 24-16273-01, issued to Sigma-Aldrich Company, for operation of
the Fort Mims Site, located in Maryland Heights, Missouri. Therefore,
as required by Part 51 of title 10 of the Code of Federal Regulations
(10 CFR), ``Environmental Protection Regulations for Domestic Licensing
and Related Regulatory Functions,'' the NRC performed an EA. Based on
the results of the EA that follows, the NRC has determined not to
prepare an environmental impact statement for the license amendment and
is issuing a FONSI.
The revised decommissioning plan was submitted to the NRC, by email
dated August 22, 2019, and supplemented by a license termination
request, dated April 27, 2020. On October 19, 2020, an application to
amend Sigma-Aldrich's decommissioning plan and terminate NRC Materials
License No. 24-16273-01 was submitted by NRC Form 313 ``Application for
Materials License.'' In its revised decommissioning plan, the licensee
requests the option to perform direct dose assessment of residual
radioactivity, in addition to using derived concentration guideline
levels (DCGLs), to demonstrate compliance with the license termination
criteria in 10 CFR 20.1402, at the Fort Mims Site in Maryland Heights,
Missouri. Under Sigma-Aldrich's license, the licensee shall conduct its
decommissioning program in accordance with its decommissioning plan.
The decommissioning plan dated October 22, 2008, states that the
licensee will rely on the screening values in Appendix H of NRC's
``Consolidated Decommissioning Guidance: Characterization, Survey, and
Determination of Radiological Criteria'' (NUREG-1757), Vol. 2, Rev. 1
to demonstrate that the Fort Mims Site meets the release criteria for
unrestricted use specified in 10 CFR 20.1402. By letter dated May 12,
2009, the NRC approved Sigma-Aldrich's decommissioning plan, which does
not include the use of a dose assessment approach to demonstrate
compliance. The licensee's commitments in its current decommissioning
plan include remediating all residual activity to levels below approved
screening values. The NRC guidance in NUREG-1757, Vol. 2, Rev. 1 allows
for the use of either the DCGL or dose assessment approach to
demonstrate compliance with 10 CFR 20 1402. NRC staff is reviewing the
license amendment requests to revise the decommissioning plan and
terminate the license concurrently because, if the staff approves the
revised decommissioning plan and determines that the site meets the
radiological criteria for unrestricted use under 10 CFR 20.1402, the
license can be terminated without additional site characterization or
soil remediation.
On December 21, 2020, the NRC published in the Federal Register (85
FR 83109), a notice of opportunity to provide comment, request a
hearing, and petition for leave to intervene. No comments, requests, or
petitions for leave were received.
II. Environmental Assessment
Description of the Proposed Action
The proposed action would approve two requests for license
amendment. First, Sigma requested the option to perform direct dose
assessment of residual radioactivity in addition to using DCGLs to
demonstrate compliance with the radiological criteria for unrestricted
use in 10 CFR 20.1402 at the Fort Mims Site in Maryland Heights,
Missouri. The NRC guidance in NUREG-1757, Vol. 2, Rev. 1, allows for
the use of either the DCGL or dose assessment approach in demonstrating
compliance with the license termination criteria.
Second, Sigma also requested license termination based on the site-
specific dose assessment in the revised decommissioning plan and the
site characterization data referenced in the letter dated April 27,
2020. Because, according to the licensee, the revised decommissioning
plan and site characterization data indicate that the site meets the
radiological criteria for unrestricted use in 10 CFR 20.1402, and,
therefore, the license could be terminated without additional site
characterization or soil remediation.
The proposed action is in accordance with the licensee's
application dated August 22, 2019, as supplemented on April 27, 2020
and October 19, 2020.
Need for the Proposed Action
The proposed action is needed because Sigma was originally approved
to use screening DCGL values to demonstrate that the entire site meets
the radiological criteria for unrestricted use specified in 10 CFR
20.1402. Derived concentration guideline levels are intended to be
conservative because they are designed to apply generically across a
range of sites. However, during site characterization, Sigma identified
areas of contamination exceeding the screening DCGL values. Instead of
remediating the contaminated soil to less than the screening DCGL
values, Sigma requested the use of a dose assessment approach in
addition to DCGLs to demonstrate that the site meets the NRC criteria
for unrestricted release. The NRC's proposed approval of Sigma's use of
the dose assessment and DCGL approach instead of the DCGL screening
values for the site would allow Sigma to use site-specific information
in a more realistic manner. A license amendment is required for Sigma
to change their approach from screening DCGLs to the use of a dose
assessment approach in combination with DCGLs.
In addition to the request for use of the dose assessment approach
in combination with DCGLs, Sigma also requested license termination, as
they have ceased principal activities at the Fort Mims Site. The NRC
needs to fulfill its responsibilities under the Atomic Energy Act by
making a decision on the proposed license termination request in a
manner that would allow unrestricted
[[Page 66599]]
use of the site while protecting public health and safety and the
environment.
Environmental Impacts of the Proposed Action
The Fort Mims Site is located within the Lakeside Crossing
Industrial Park, which is zoned for industrial and commercial use. The
proposed action would authorize Sigma to adopt a dose assessment
approach for certain areas of the site to demonstrate compliance with
the radiological criteria for unrestricted use in 10 CFR 20.1402 and to
terminate their license. Sigma would use the dose assessment approach
in combination with DCGLs to evaluate the entire site. The dose
assessment approach would result in a higher allowed level of residual
radioactivity in certain areas of the site in comparison to the
previously approved approach of using screening DCGL values. The use of
screening DCGL values would require remediation of contaminated soils
that are present in the areas described in Section 2 of this EA. That
residual contamination affects the soil and groundwater resources at
the Fort Mims Site. However, as explained in this notice, the
radiological and nonradiological impacts from this residual
contamination would not be significant and the site would meet the
NRC's requirements for unrestricted use.
In the Safety Evaluation Report for the Fort Mims Site, NRC staff
evaluated the dose impacts from the C-14 and H-3 contamination to
potential future receptors. The staff reviewed the revised
decommissioning plan, in which Sigma evaluated an industrial worker as
the likely scenario for the Fort Mims Site. Sigma also evaluated a
suburban resident scenario, which is plausible but less likely because
the parcel is currently zoned for commercial and industrial use, which
is the expected future use for the land as well. In the industrial
worker scenario, the hypothetical worker is at the site for 8 hours per
day, does not consume food grown or well water from the site, leaves
the site after work, and does not work on weekends. In the second
scenario, the hypothetical suburban resident is at the site for 24
hours per day and has a vegetable garden but does not consume water
from an onsite well because of the availability of a public water
system. The maximum total radiological dose is projected to be 0.0002
millisievert/year (0.02 millirem/year) for the most likely scenario of
industrial worker from exposure to site soils. The projected dose to
the less likely, but plausible, scenario of suburban resident from
exposure to site soils and food from the garden is 0.038 millisievert/
year (3.8 mrem/year). If groundwater from an onsite well were consumed
at the Fort Mims Site, the dose would be approximately 0.019
millisievert/year (1.9 millirem/year) based on: (1) The maximum
observed groundwater concentrations of C-14 and H-3 in the groundwater,
and (2) an ingestion rate of 1.4 liter/day (0.37 gal/day). All of these
potential doses are significantly less than the NRC's unrestricted use
criterion in 10 CFR 20.1402 of 0.25 millisievert/year (25 millirem/
year).
Based on its review, the NRC staff determined that the radiological
environmental impacts from the proposed action for the facility are
bounded by the ``Generic Environmental Impact Statement in Support of
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities'' (NUREG-1496, Vol.1). Because of the
localized nature of the impacts, the NRC staff does not expect any
cumulative effects from the proposed action, when considered in
combination with previously approved actions at the site and other
past, present, or reasonably foreseeable actions. The total dose from
the residual radioactivity at the site will continue to be less than
the 0.25 mSv/y (25 mrem/y) criterion.
Environmental Impacts of the Alternatives to the Proposed Action
As an alternative to the proposed action, the staff considered
denial of the proposed action (i.e., the ``no-action'' alternative). If
Sigma is not authorized to use the dose assessment approach to
demonstrate compliance with 10 CFR 20.1402, then Sigma would have to
remove the residual radioactivity (by excavating soils) to reach levels
that are below the previously approved DCGL values, in order to
terminate their license. Approximately 860 m\3\ (1,100 yd\3\) of soils
would need to be excavated. Although the residual levels of
radioactivity in the soils are well below the NRC's criterion for
unrestricted release of the site, the excavation and removal of this
material would create a potential for radiological environmental
impacts. Radiological environmental impacts that could result from such
remediation activities include inhalation and ingestion hazards to
workers and the public. As described in the NUREG-1496 and NUREG-1748,
``Environmental Review Guidance for Licensing Actions Associated with
NMSS Programs,'' the excavation and removal of soil would also impact
air quality (dust from excavation), increase noise (earthmoving
equipment), and affect transportation. These impacts would not be
significant but, taken together, the potential nonradiological and
radiological impacts of the no-action alternative would be greater than
the radiological and nonradiological impacts of leaving the soil in
place.
Alternative Use of Resources
The proposed action does not affect any resource implications
discussed in previous environmental reviews.
Agencies and Persons Consulted
The NRC staff consulted with the Missouri Department of Natural
Resources regarding the environmental impact of the proposed action. By
letter dated August 10, 2021, the State of Missouri provided several
comments, and the NRC provided a response to those comments.
Additionally, as described in the NRC's 2009 decommissioning plan
approval EA, NRC staff previously consulted with the Missouri
Department of Conservation, Wildlife Division, Endangered Species, on
March 5, 2009 as required by Section 7 of the Endangered Species Act.
The purpose of the call was to ensure that the licensing action is
``not likely to jeopardize the continued existence of any endangered
species or threatened species or result in the destruction or adverse
modification of the habitat of such species.'' The Missouri Wildlife
Division staff indicated that, based on their review and knowledge of
current documents relating to possible endangered species, the
decommissioning and release of the Sigma building located in Maryland
Heights, Missouri would not affect any endangered species. NRC staff
have determined that the current proposed action of allowing dose
modeling and license termination would not affect listed species or
critical habitat, because there would be no additional disturbance of
the site. Therefore, no additional consultation is required under
Section 7 of the Endangered Species Act.
As described in the NRC's 2009 decommissioning plan approval EA,
NRC staff previously consulted with the Missouri Department of Natural
Resources, as required by Section 106 of the National Historic
Preservation Act. By letter dated March 19, 2009 from the Department of
Natural Resource's State Historic Preservation Office, Director, and
Deputy State Historic Preservation Officer, the State indicated that
``[w]e have reviewed the information provided concerning the above
referenced project. Based on this review we concur that the Sigma
Aldrich Chemical Company is not eligible for inclusion in the National
Register of Historic Places. In our opinion, the property has been
extensively disturbed, and there is little
[[Page 66600]]
potential for the occurrence of archaeological sites. We concur that
there will be no historic properties affected and we have no objection
to the initiation of project activities.'' NRC staff have determined
that the current proposed action of allowing dose modeling and license
termination is not the type of activity that has potential to cause
effects on historic properties, because there will be no additional
disturbance of the site. Therefore, no additional consultation is
required under Section 106 of the National Historic Preservation Act.
III. Finding of No Significant Impact
Per NRC guidance in NUREG-1757, Vol. 2, Rev. 1, the use of dose
assessment in combination with DCGLs is an acceptable approach for
demonstrating compliance with 10 CFR 20.1402. NRC staff also determined
in its Safety Evaluation Report that the site meets the unrestricted
use criterion in 10 CFR 20.1402 and that the license can be terminated.
On the basis of the EA, the NRC concludes that the proposed action
will not have a significant effect on the quality of the human
environment. Accordingly, the NRC has determined not to prepare an
environmental impact statement for the proposed action.
IV. Availability of Documents
The documents identified in the following table are available to
interested persons through one or more of the following methods, as
indicated.
------------------------------------------------------------------------
ADAMS accession
Document No.
------------------------------------------------------------------------
NUREG-1748, ``Environmental Review Guidance for ML032540811
Licensing Actions Associated with NMSS Programs''...
NUREG-1757, Vol. 2, Rev.1, ``Consolidated ML063000252
Decommissioning Guidance: Characterization, Survey,
and Determination of Radiological Criteria''........
Letter from Sigma-Aldrich, regarding Decommissioning ML083010187
Plan, dated October 22, 2008........................
Consultation with State of Missouri Department of ML090640890
Conservation, regarding Endangered Species, dated
March 5, 2009.......................................
Letter from State of Missouri Department of Natural ML090860375
Resources, State Historic Preservation Officer,
regarding Sigma-Aldrich, dated March 19, 2009.......
Federal Register Notice--Environmental Assessment for ML091180638
Sigma-Aldrich Company's Decommissioning Plan License
Amendment, dated April 28, 2009.....................
NRC Approval of Sigma-Aldrich Company's Fort Mims ML091330309
Facility Decommissioning Plan, dated May 12, 2009...
Sigma-Aldrich Fort Mims Site Revised Decommissioning ML19273A160
Plan, dated June 27, 2019...........................
Transmittal Email--Sigma-Aldrich Fort Mims Revised ML19273A163
Decommissioning Plan, dated August 22, 2019.........
Sigma-Aldrich Fort Mims Site Request for License ML20120A544
Termination, dated April 27, 2020...................
NUREG-1496, Vol.1, ``Generic Environmental Impact ML20149G542
Statement in Support of Rulemaking on Radiological
Criteria for License Termination of NRC-Licensed
Nuclear Facilities''................................
Sigma-Aldrich Fort Mims Site Revised Decommissioning ML20294A191
Plan: NRC Form 313, ``Application for Materials
License,'' dated October 19, 2020...................
Letter from the State of Missouri Department of ML21258A322
Natural Resources, regarding Comments on the Draft
Environmental Assessment for the Sigma-Aldrich Fort
Mims Site, dated August 10, 2021....................
Safety Evaluation Report of Revised Decommissioning ML21300A384
Plan and License Termination Request for the Sigma-
Aldrich Fort Mims Site..............................
NRC Response to State of Missouri Department of ML21277A027
Natural Resources on Sigma-Aldrich Draft
Environmental Assessment, dated October 12, 2021....
------------------------------------------------------------------------
Dated: November 18, 2021.
For the Nuclear Regulatory Commission.
Randolph W. Von Till,
Chief, Uranium Recovery and Materials Decommissioning Branch, Division
of Decommissioning, Uranium Recovery and Waste Programs, Office of
Nuclear Material Safety and Safeguards.
[FR Doc. 2021-25551 Filed 11-22-21; 8:45 am]
BILLING CODE 7590-01-P
