[Federal Register Volume 67, Number 205 (Wednesday, October 23, 2002)]
[Notices]
[Pages 65146-65148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-26983]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-27]


BWX Technologies, Inc.

AGENCY: Nuclear Regulatory Commission (NRC).

ACTION: Notice of receipt of request from BWX Technologies, Inc. 
(BWXT), to amend Special Nuclear Material License SNM-42 to approve 
Industrial Waste Landfill No. 1, Decommissioning Plan and Final Status 
Survey Plan. The NRC

[[Page 65147]]

is providing a notice of an opportunity for a hearing.

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SUMMARY: Notice is hereby given that the NRC has received, by letter 
dated June 11, 2002, a request from BWXT to amend its NRC Special 
Nuclear Material License SNM-42, to approve BWXT's Industrial Waste 
Landfill No. 1, Decommissioning Plan and Final Status Survey Plan 
(ADAMS Accession Number ML021690397). The NRC is providing a notice of 
an opportunity for a hearing.

FOR FURTHER INFORMATION CONTACT: Ms. Julie Olivier, Fuel Cycle 
Facilities Branch, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Mail Stop T-8A33, Washington, DC 20555. Telephone (301) 
415-8098.

SUPPLEMENTARY INFORMATION: By its submittal dated June 11, 2002, BWXT 
requested that the NRC amend Special Nuclear Materials License SNM-42 
to approve BWXT's Industrial Waste Landfill No. 1, Decommissioning Plan 
and Final Status Survey Plan.
    From 1972 until 1990, BWXT operated two industrial waste landfills 
at its Nuclear Products Division site. The first landfill was used from 
1972 until 1976. The second landfill was used in two sections. The 
first section operated from 1977 until 1988; the second section 
operated from 1989 until 1990. Use of the landfills was discontinued 
after June 1990, because the filter cake material was found to contain 
low levels of radioactive contamination.
    Both landfills were operated in a relatively similar manner. Filter 
cake material was placed in a series of parallel trenches. Each trench 
was excavated; sludge material was transported to the trench at one end 
and dumped by roto-hopper in piles until this area within the trench 
was full. Successive piles of filter cake material placed in the 
trenches were mounded above ground level. The volume of the filter cake 
placed in the trenches was reduced by approximately 30% after allowing 
it to dry, resulting in the mound above ground settling below grade. 
Excavated material from the trench was used as a cover of top soil 
approximately two feet in depth. The surface was then allowed to 
vegetate naturally.
    The Decommissioning Plan and Final Status Survey Plan for 
Industrial Waste Landfill No. 1 were developed in accordance with 10 
CFR 70.38 ``Expiration and Termination of Licenses and Decommissioning 
of Sites and Separate Buildings or Outdoor Areas'' and in response to a 
NRC letter dated February 26, 2001. Regulatory Guide 3.65, ``Standard 
Format and Content of Decommissioning Plans for Licensees Under 10 CFR 
parts 30, 40, and 70'' (NRC 1989), and draft NUREG/CR5849, ``Manual for 
Conducting Radiological Surveys in Support of License Termination'' 
(NRC 1992) were used in the development of the Decommissioning Plan and 
Final Status Survey Plan for Industrial Waste Landfill No. 1. BWXT's 
objective is to:
    1. Demonstrate through characterization of the landfill, or 
portions thereof, that the average contamination levels meet the 
criteria of Option 1 of NRC's 1981 Branch Technical Position. (See 46 
FR 52061, October 23, 1981).

OR

    2. Demonstrate through characterization of the landfill that the 
average contamination levels, the characteristics of the material 
buried, and the site characteristics, meet the criteria of Option 2 to 
NRC's 1981 Branch Technical position. For those areas decommissioned 
under Option 2, capping of the landfill will be necessary to assure the 
minimum burial depth.
    BWXT's June 11, 2002, request will be reviewed by the NRC staff 
using NUREG-1520, ``Standard Review Plan for the Review of a License 
Application for a Fuel Cycle Facility,'' and NUREG-1748, 
``Environmental Review Guidance for Licensing Actions Associated with 
NMSS Programs.''
    The amendment application is available for public inspection and 
copying at the NRC Public Document Room, U.S. Nuclear Regulatory 
Commission Headquarters, Room 0-1F21, 11555 Rockville Pike, Rockville, 
MD 20852.

Notice of Opportunity for Hearing

    The NRC hereby provides notice of an opportunity for a hearing on 
the license amendment under the provisions of 10 CFR part 2, subpart L, 
``Informal Hearing Procedures for Adjudications in Materials and 
Operator Licensing Proceedings.'' Pursuant to Sec.  2.1205(a), any 
person whose interest may be affected by this proceeding may file a 
request for a hearing. In accordance with Sec.  2.1205(d), a request 
for hearing must be filed within 30 days of the publication of this 
notice in the Federal Register. The request for a hearing must be filed 
with the Office of the Secretary either:
    (1) By delivery to the Docketing and Service Branch of the Office 
of the Secretary at One White Flint North, 11555 Rockville Pike, 
Rockville, MD 20852; or
    (2) By mail or telegram addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555, Attention: Docketing and 
Service Branch. Because of continuing disruptions in the delivery of 
mail to United States Government offices, it is requested that requests 
for hearing be also transmitted to the Secretary of the Commission 
either by means of facsimile transmission to 301-415-1101, or by e-mail 
to [email protected].
    In accordance with 10 CFR 2.1205(f), each request for a hearing 
must also be served, by delivering it personally or by mail, to:
    (1) The licensee, BWX Technologies, Inc., Nuclear Products 
Division, PO Box 785, Lynchburg, VA 24505-0785, Attention Mr. Carl 
Yates, Licensing Officer, and
    (2) The NRC staff, by delivery to the Office of the General 
Counsel, U.S. Nuclear Regulatory Commission, One White Flint North, 
11555 Rockville Pike, Rockville, MD 20852, or by mail addressed to the 
Office of the General Counsel, U.S. Nuclear Regulatory Commission, 
Washington, DC 20555. Because of continuing disruptions in the delivery 
of mail to United States Government offices, it is requested that 
requests for hearing be transmitted to the Office of the General 
Counsel either by means of facsimile transmission to 301-415-3725, or 
by e-mail to [email protected].
    In addition to meeting other applicable requirements of 10 CFR part 
2 of the NRC's regulations, a request for a hearing filed by a person 
other than an applicant must describe in detail:
    (1) The interest of the requestor in the proceeding;
    (2) How that interest may be affected by the results of the 
proceeding, including the reasons why the requestor should be permitted 
a hearing, with particular reference to the factors set out in Sec.  
2.1205(h);
    (3) The requestor's areas of concern about the licensing activity 
that is the subject matter of the proceeding; and
    (4) The circumstances establishing that the request for a hearing 
is timely in accordance with Sec.  2.1205(d).
    The request must also set forth the specific aspect or aspects of 
the subject matter of the proceeding as to which petitioner wishes a 
hearing.
    In addition, members of the public may provide comments on the 
subject application within 30 days of the publication of this notice in 
the Federal Register. The comments may be provided to Michael Lesar, 
Chief, Rules Review and Directives Branch, Division of Administration 
Services, Office of

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Administration, U.S. Nuclear Regulatory Commission, Washington DC 
20555.

    Dated in Rockville, Maryland, this 17th day of October, 2002.

    For the U.S. Nuclear Regulatory Commission.
Eric J. Leeds,
Deputy Director, Division of Fuel Cycle Safety and Safeguards, Office 
of Nuclear Material Safety and Safeguards.
[FR Doc. 02-26983 Filed 10-22-02; 8:45 am]
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