[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65886-65889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-26375]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 40-8610; License No. STC-1333; EA-07-164]


 In the Matter of Stepan Company Maywood, New Jersey; 
Confirmatory Order Modifying License (Effective Immediately)

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice.

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SUMMARY: This notice is to advise the Public of the issuance of a 
Confirmatory Order Modifying License No. STC-1333, held by the Stepan 
Company (Stepan or Licensee). The Order set forth below was issued to 
the Licensee on October 21, 2008, and includes an opportunity to 
request a hearing. Although the Order indicates any person adversely 
affected by the Confirmatory Order, other than the Licensee, may 
request a hearing within 20 days of its issuance, the public has 20 
days from the publication of the Order in the Federal Register, in 
which to request a hearing.

FOR FURTHER INFORMATION CONTACT: Amir Kouhestani, Project Manager, 
Special Projects Branch, Division of Waste Management and Environmental 
Protection, U.S. Nuclear Regulatory Commission, Washington, DC 20005-
0001. Telephone: (301) 415-0023; fax number: (301) 415-5369; e-mail; 
[email protected].

I

    Stepan Company (Stepan or Licensee) is the holder of U.S. Nuclear 
Regulatory Commission (NRC or Commission) License No. STC-1333 
(License) issued by the NRC pursuant to 10 CFR Part 40. The License 
authorizes Stepan to possess thorium tailings in underground storage in 
three burial pits at Stepan Company, 100 West Hunter Avenue, Maywood, 
New Jersey. The license was issued on April 4, 1978, was most recently 
amended on November 5, 1987, and remains in effect. This possession 
only license is in timely renewal.

II

    In accordance with the ``Settlement Agreement--United States and 
Stepan Company,'' dated November 12, 2004, on-site decontamination and 
remediation of the burial pits will be performed by the U.S. Army Corps 
of Engineers (USACE), as part of the Formerly Utilized Sites Remedial 
Action Program (FUSRAP), and pursuant to the Energy and Water 
Development Appropriations Acts for Fiscal Years 1998-2001 (Pub. L. 
Nos. 105-62, 105-245, 106-60, and 106-377,

[[Page 65887]]

respectively). Section 611 of Public Law 106-60 requires USACE to 
remediate FUSRAP sites in accordance with the Comprehensive 
Environmental Response, Compensation and Liability Act of 1980, as 
amended (CERLCA), 42 U.S.C. 9601 et seq., and the National Oil and 
Hazardous Substances Pollution Contingency Plan, 40 CFR Part 300. 
USACE, as provided for in section 121(e) of CERCLA and 40 CFR 
300.400(e), is not required to obtain an NRC license for its on-site 
remediation activities conducted under its CERCLA authority.
    In accordance with Article III of the ``Memorandum of Understanding 
Between the U.S. Nuclear Regulatory Commission and The U.S. Army Corps 
of Engineers for Coordination of Cleanup & Decommissioning of the 
Formerly Utilized Sites Remedial Action Program (FUSRAP) Sites With 
NRC-Licensed Facilities,'' 66 FR 36606 (July 12, 2001), at the request 
of USACE, NRC will initiate action for the suspension of Stepan's 
License or portions thereof, contingent upon USACE notifying NRC in 
writing, at least 90 days prior to USACE's expected date of initiation 
of a site response action, that USACE is prepared to take possession of 
all or part of the licensed site for purposes of control of radiation 
from FUSRAP materials subject to NRC jurisdiction. Upon taking 
possession, USACE will be responsible for the protection of the public 
health and safety from those materials consistent with 10 CFR Part 20, 
``Standards for Protection Against Radiation.''
    Article III of the Memorandum of Understanding (MOU) further 
provides that USACE agrees to provide notification to NRC that it is 
prepared to take possession of the burial pits after USACE issues its 
final Record of Decision (ROD), and that USACE agrees to remediate the 
licensed site to meet at least the requirements of CERCLA and 10 CFR 
20.1402. USACE issued its ROD for Soil and Buildings at the FUSRAP 
Maywood Superfund Site, Maywood, New Jersey in August 2003. The NRC has 
reviewed the ROD and concludes that the planned decommissioning and 
disposal of the burial materials in an NRC-licensed disposal facility, 
as proposed in the ROD, are consistent with the applicable provisions 
of the MOU between NRC and USACE.
    Article III of the MOU further provides that NRC licensing action 
for suspension of the License or portions thereof, will be effective 
subject to written notification by USACE to NRC that USACE has taken 
physical possession of the licensed site for purposes of radiation 
control and is now responsible for the protection of the public health 
and safety consistent with the requirements of 10 CFR Part 20. Article 
III further states that USACE has no objection to, and will facilitate, 
NRC observing USACE in-process remediation activities. Finally, Article 
III of the MOU provides that following completion of its response 
action at the site, USACE shall provide NRC with a copy of the CERCLA 
Administrative Record.
    Article III of the MOU provides that NRC will reinstate the License 
or portions thereof, if USACE no longer controls the FUSRAP-related 
portion of the site for radiation protection purposes, is no longer 
proceeding with a response action under CERCLA, or has otherwise 
completed its response action. Article III of the MOU also provides 
that USACE will notify NRC in writing, at least 90 calendar days prior 
to USACE terminating its physical possession for purposes of control of 
radiation, so that NRC can initiate the process for reinstating the 
License.

III

    By letter dated September 29, 2008, the Licensee agreed that:
    1. The Licensee shall provide radiation protection for all material 
in its possession, whether contained in the three burial pits or 
elsewhere, as required by 10 CFR Part 20. This provision does not apply 
to material for which the license is suspended.
    2. The License shall be suspended with respect to each burial pit 
after USACE takes physical possession of the burial pit. License 
suspension shall be effective upon the date of the written notification 
to NRC by USACE that it has taken physical possession of the burial pit 
for purposes of radiation control, and is now responsible for the 
protection of the public health and safety consistent with the 
requirements of 10 CFR Part 20.
    3. The License shall be reinstated with respect to each burial pit:
    (a) After USACE notifies NRC in writing that USACE intends to 
terminate its physical possession of the burial pit for the purpose of 
radiation control; and
    (b) After USACE is no longer controlling the FUSRAP-related portion 
of the burial pit for radiation protection purposes, is no longer 
proceeding with a response action under CERCLA or has otherwise 
completed its response action at the burial pit; and
    (c) License reinstatement shall be effective when the Licensee 
reestablishes physical possession of the burial pit. The Licensee shall 
establish physical possession of the burial pit immediately after USACE 
vacates the burial pit. Within two business days after the Licensee 
establishes physical possession of the burial pit, the Licensee shall 
send written notification to NRC that it has done so and indicate when 
it did so. The Licensee shall send such notices to the Director, Office 
of Federal and State Materials and Environmental Management Programs, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the 
Chief, Special Projects Branch, Division of Waste Management and 
Environmental Protection at the same address.
    In addition, the Licensee consented to issuance of this Order with 
the commitments, as described above. The Licensee further agreed that 
this Order shall be effective upon issuance, and that it waives its 
right to a hearing with respect to this Order.
    Implementation of these commitments will provide enhanced assurance 
that sufficient resources will be applied to the radiation safety 
program, and that the program will be conducted safely and in 
accordance with NRC requirements.
    I find that the Licensee's commitments as set forth above, are 
acceptable and necessary and conclude that with these commitments the 
public health and safety are reasonably assured. In view of the 
foregoing, I have determined that the public health and safety require 
that the Licensee's commitments be confirmed by this Order. Based on 
the above and Licensee's consent, this Order is immediately effective 
upon issuance.

IV

    Accordingly, pursuant to Sections 81, 83, 84, 161b, 161i, 161o, 182 
and 186 of the Atomic Energy Act of 1954, as amended, and the 
Commission's regulations in 10 CFR 2.202 and 10 CFR Part 40, it is 
hereby ordered, effective immediately, that license No. STC-1333 is 
modified as follows:
    A. The Licensee shall provide radiation protection for all material 
in its possession, whether contained in the three burial pits or 
elsewhere, as required by 10 CFR Part 20. This provision does not apply 
to material for which the License is suspended.
    B. The License shall be suspended with respect to each burial pit 
after USACE takes physical possession of the burial pit. License 
suspension shall be effective upon the date of the written notification 
to NRC by USACE that it has taken physical possession of the burial pit 
for purposes of radiation control, and is now responsible for the 
protection of the public health and safety consistent with the 
requirements of 10 CFR Part 20.

[[Page 65888]]

    C. The License shall be reinstated with respect to each burial pit:
    (1) After USACE notifies NRC in writing that USACE intends to 
terminate its physical possession of the burial pit for the purpose of 
radiation control; and
    (2) After USACE is no longer controlling the FUSRAP-related portion 
of the burial pit for radiation protection purposes, is no longer 
proceeding with a response action at the burial pit under CERCLA, or 
has otherwise completed its response action for the burial pit; and
    (3) License reinstatement shall be effective when the Licensee 
reestablishes physical possession of the burial pit. The Licensee shall 
establish physical possession of the burial pit immediately after USACE 
vacates the burial pit. Within two business days after the Licensee 
establishes physical possession of the burial pit, the Licensee shall 
send written notification to NRC that it has done so and indicate when 
it did so. The Licensee shall send such notices to the Director, Office 
of Federal and State Materials and Environmental Management Programs, 
U.S. Nuclear Regulatory Commission, Washington, DC 20555, and to the 
Chief, Special Projects Branch, Division of Waste Management and 
Environmental Protection at the same address.
    The Director, Office of Federal and State Materials and 
Environmental Management Programs, may, in writing, relax or rescind 
any of the above conditions upon demonstration by the Licensee of good 
cause.

V

    Any person adversely affected by this Confirmatory Order, other 
than the Licensee, may request a hearing within 20 days of its 
issuance. Where good cause is shown, consideration will be given to 
extending the time to request a hearing. A request for extension of 
time must be made in writing to the Director, Office of Federal and 
State Materials and Environmental Management Programs, U.S. Nuclear 
Regulatory Commission, Washington, DC 20555-0001, and include a 
statement of good cause for the extension.
    A request for a hearing must be filed in accordance with the NRC E-
Filing rule, which the NRC promulgated in August 2007, 72 F R 49,139 
(Aug. 28, 2007). The E-Filing process requires participants to submit 
and serve documents over the internet or, in some cases, to mail copies 
on electronic optical storage media. Participants may not submit paper 
copies of their filings unless they seek a waiver in accordance with 
the procedures described below.
    To comply with the procedural requirements associated with E-
Filing, at least five days prior to the filing deadline the requestor 
must contact the Office of the Secretary by e-mail at 
[email protected], or by calling (301) 415-1677, to request: (1) A 
digital ID certificate, which allows the participant (or its counsel or 
representative) to digitally sign documents and access the E-Submittal 
server for any NRC proceeding in which it is participating; and/or; (2) 
creation of an electronic docket for the proceeding (even in instances 
when the requestor (or its counsel or representative) already holds an 
NRC-issued digital ID certificate). Each requestor will need to 
download the Workplace Forms Viewer\TM\ to access the Electronic 
Information Exchange (EIE), a component of the E-Filing system. The 
Workplace Forms Viewer\TM\ is free and is available at http://www.nrc.gov/site-help/e-submittals/install-viewer.html. Information 
about applying for a digital ID certificate also is available on NRC's 
public Web site at http://www.nrc.gov/site-help/e-submittals/apply-certificates.html. Once a requestor has obtained a digital ID 
certificate, had a docket created, and downloaded the EIE viewer, it 
can then submit a request for a hearing through EIE. Submissions should 
be in Portable Document Format (PDF) in accordance with NRC guidance 
available on the NRC public Web site at http://www.nrc.gov/site-help/e-submittals.html. A filing is considered complete at the time the filer 
submits its document through EIE. To be timely, electronic filings must 
be submitted to the EIE system no later than 11:59 p.m. Eastern Time on 
the due date. Upon receipt of a transmission, the E-Filing system time-
stamps the document and sends the submitter an e-mail notice confirming 
receipt of the document. The EIE system also distributes an e-mail 
notice that provides access to the document to the NRC Office of the 
General Counsel and any others who have advised the Office of the 
Secretary that they wish to participate in the proceeding, so that the 
filer need not serve the document on those participants separately. 
Therefore, any others who wish to participate in the proceeding (or 
their counsel or representative) must apply for and receive a digital 
ID certificate before a hearing request is filed so that they may 
obtain access to the document via the E-Filing system.
    A person filing electronically may seek assistance through the 
``Contact Us'' link located on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html or by calling the NRC technical help line, 
which is available between 8:30 a.m. and 4:15 p.m., Eastern Time, 
Monday through Friday. The help line number is (800) 397-4209 or 
locally, (301) 415-4737.
    Participants who believe that they have good cause for not 
submitting documents electronically must file a motion, in accordance 
with 10 CFR 2.302(g), with their initial paper filing requesting 
authorization to continue to submit documents in paper format. Such 
filings must be submitted by: (1) First class mail addressed to the 
Office of the Secretary of the Commission, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001, Attention: Rulemaking and 
Adjudications Staff; or (2) courier, express mail, or expedited 
delivery service to the Office of the Secretary, Sixteenth Floor, One 
White Flint North, 11555 Rockville, Pike, Rockville, Maryland, 20852, 
Attention: Rulemaking and Adjudications Staff. Participants filing a 
document in this manner are responsible for serving the document on all 
other participants. Filing is considered complete by first-class mail 
as of the time of deposit in the mail, or by courier, express mail, or 
expedited delivery service upon depositing the document with the 
provider of the service.
    Documents submitted in adjudicatory proceedings will appear in 
NRC's electronic hearing docket which is available to the public at 
http://ehd.nrc.gov/EHD_Proceeding/home.asp unless excluded pursuant to 
an order of the Commission, an Atomic Safety and Licensing Board, or a 
Presiding Officer. Participants are requested not to include personal 
privacy information, such as social security numbers, home addresses, 
or home phone numbers in their filings. With respect to copyrighted 
works, except for limited excerpts that serve the purpose of the 
adjudicatory filings and would constitute a Fair Use application, 
Participants are requested not to include copyrighted materials in 
their works.
    If a person other than the Licensee requests a hearing, that person 
shall set forth with particularity the manner in which his interest is 
adversely affected by this Order and shall address the criteria set 
forth in 10 CFR 2.309(d) and (f).
    If a hearing is requested by a person whose interest is adversely 
affected, the Commission will issue an Order designating the time and 
place of any hearing. If a hearing is held, the issue to be considered 
at such hearing shall be whether this Confirmatory Order should be 
sustained.
    In the absence of any request for hearing, or written approval of 
an extension of time in which to request a

[[Page 65889]]

hearing, the provisions specified in Section IV above shall be final 20 
days from the date of this Order without further order or proceedings. 
If an extension of time for requesting a hearing has been approved, the 
provisions specified in Section IV shall be final when the extension 
expires if a hearing request has not been received. An answer or a 
request for hearing shall not stay the immediate effectiveness of this 
order.

    Dated this 21st day of October 2008.

    For the U.S. Nuclear Regulatory Commission.
Charles L. Miller,
Deputy Director, Office of Federal and State Materials, and 
Environmental Management Programs.
[FR Doc. E8-26375 Filed 11-4-08; 8:45 am]
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