[Federal Register Volume 67, Number 241 (Monday, December 16, 2002)]
[Notices]
[Pages 77083-77084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31611]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 040-00017]


Notice of Consideration of Amendment Request for the Dow Chemical 
Company, Midland, MI and Opportunity for Providing Comments and 
Requesting a Hearing

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is considering 
issuance of a license amendment to Material License No. STB-527 issued 
to The Dow Chemical Company (Dow), to authorize decommissioning of its 
Bay City Site Decommissioning Management Plan (SDMP) site in Bay City, 
Michigan.
    Dow began using thorium metal and compounds in 1956 for the 
production of magnesium-thorium alloys at a Dow-owned site in Bay City, 
Michigan. The waste slag from the alloying process was disposed of on 
Dow property in Bay City. Magnesium-thorium material returned by Dow 
customers was received at Dow's Midland, MI, site for storage. The 
decommissioning plan (DP) submitted by Dow to decommission the two 
(Midland and Bay City) sites was approved by a license amendment on 
July 19, 1996 (Amendment 6). The Midland site was remediated and 
removed from the license on March 3, 2000 (Amendment 8). After 
remediating about 31 acres of the 40 acre contaminated area at the Bay 
City site, Dow proposed, in March 2001, a different approach and 
conceptual plan for remediating the remaining nine acres. According to 
Dow, the reason for the change in the approach is that the 
decommissioning cost is expected to be too high under the previously 
approved DP. In August 2001, Dow submitted a Supplement to the 
previously (1996) approved DP. This Supplement was rejected in 
September 2001 because it was found to be administratively deficient 
for a detailed technical review. Dow submitted a revised Supplement on 
January 31, 2002. On July 19, 2002, Dow submitted Attachment 1 to the 
January 31, 2002, revised Supplement. An NRC administrative review, 
documented in a letter to Dow dated August 5, 2002, found the revised 
Supplement acceptable to begin a technical review.
    If the NRC approves the revised Supplement, the approval will be 
documented in an amendment to NRC License No. STB-527. However, before 
approving the proposed amendment, the NRC will need to make the 
findings required by the Atomic Energy Act of 1954, as amended, and 
NRC's regulations. These findings will be documented in a Safety 
Evaluation Report and either an Environmental Assessment or an 
Environmental Impact Statement.

II. Opportunity To Provide Comments

    The NRC is providing notice to individuals in the vicinity of the 
site that the NRC is in receipt of a revised Supplement to the DP, and 
will accept comments concerning this decommissioning proposal and its 
associated environmental impacts. Comments with respect to this action 
should be provided in writing within 30 days of this notice and 
addressed to M. (Sam) Nalluswami, Project Manager, Decommissioning 
Branch, Division of Waste Management, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Telephone: (301) 415-6694, fax number (301) 415-5398, e-
mail: [email protected]. Comments received after 30 days will be considered 
if practicable to do so, but only those comments received on or before 
the due date can be assured consideration.

III. Opportunity To Request a Hearing

    NRC also provides notice that this is a proceeding on an 
application for an amendment of a license falling within the scope of 
Subpart L, ``Informal Hearing Procedures for Adjudication in Materials 
Licensing Proceedings,'' of NRC's rules and practice for domestic 
licensing proceedings in 10 CFR Part 2. Whether or not a person has or 
intends to provide comments as set out in section II above, 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 a hearing must be filed within thirty (30) 
days of the date of publication of this Federal Register notice.
    The request for a hearing must be filed with the Office of the 
Secretary either:
    1. By delivery to the Rulemakings and Adjudications Staff of the 
Office of the Secretary, U.S. Nuclear Regulatory Commission, One White 
Flint North, 11555 Rockville Pike, Rockville, MD 20852-2738, between 
7:45 a.m. and 4:15 p.m., Federal workdays; or
    2. By mail or telegram, addressed to the Secretary, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001. Attention: 
Rulemakings and Adjudications Staff. 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

[[Page 77084]]

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 applicant, The Dow Chemical Company, Ashman Center, 4520 
East Ashman, Midland, MI 48674, Attention: Mr. Ben Baker, Project 
Manager, 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 20852-2738, between 7:45 a.m. and 4:15 
p.m., Federal workdays, or by mail, addressed to the Office of the 
General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. 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 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 requester in the proceeding;
    2. How that interest may be affected by the results of the 
proceeding, including the reasons why the requester should be permitted 
a hearing, with particular reference to the factors set out in Sec.  
2.1205(h);
    3. The requester'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).

IV. Further Information

    The application for the license amendment and supporting 
documentation are available for inspection at NRC's Public Electronic 
Reading Room at http://www.nrc.gov/NRC/ADAMS/index.html. (ADAMS Access 
Numbers: January 31, 2002, Revised Supplement--ML023170462; July 19, 
2002, Attachment 1--ML023170508; August 5, 2002, Acceptance Letter--
ML022280370) Any questions with respect to this action should be 
referred to M. (Sam) Nalluswami, Project Manager, Decommissioning 
Branch, Division of Waste Management, Office of Nuclear Material Safety 
and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 
20555-0001. Telephone: (301) 415-6694. Fax: (301) 415-5398.

    Dated at Rockville, Maryland, this 9th day of December, 2002.

    For the Nuclear Regulatory Commission.
Larry Camper,
Chief, Decommissioning Branch, Division of Waste Management, Office of 
Nuclear Material Safety and Safeguards.
[FR Doc. 02-31611 Filed 12-13-02; 8:45 am]
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