[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Pages 14423-14426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07028]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 70-0925; NRC-2019-0093]


Cimarron Environmental Response Trust Cimarron Facility

AGENCY: Nuclear Regulatory Commission.

ACTION: License amendment application; opportunity to provide comments, 
request a hearing and to petition for leave to intervene.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) has received a 
license amendment application from the licensee, Cimarron Environmental 
Response Trust (CERT) for the Cimarron Facility, located in Logan 
County, Oklahoma. The license authorizes possession of Byproduct, 
Source, and Special Nuclear Material (SNM-928). CERT requested approval 
of its proposed Facility Decommissioning Plan (DP), Rev. 1 for the 
Cimarron Facility in Guthrie, Oklahoma and incorporation of the DP into 
its license by license amendment. The requested license amendment would 
also: Revise to the possession limit; change the description of the 
licensed site; eliminate License Conditions that are no longer 
applicable; and incorporate a revised Radiation Protection Program into 
the license. The requested license amendment is necessary for CERT to 
complete the remaining decommissioning activities needed for NRC to 
release the Cimarron site for unrestricted use. The requested license 
amendment is also necessary to ultimately terminate Special Materials 
License SNM-928; however, license termination is a separate action that 
requires a separate application from CERT and a separate NRC finding 
that the site is suitable for release.

DATES: Submit comments by May 10, 2019. Comments received after this 
date will be considered if it is practical to do so, but the Commission 
is able to ensure consideration only for comments received before this 
date. A request for a hearing or petition for leave to intervene must 
be filed by June 10, 2019.

ADDRESSES: You may submit comments by any of the following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2019-0093. Address 
questions about Docket IDs in Regulations.gov to Jennifer Borges; 
telephone: 301-287-9127; email: [email protected]. For technical 
questions, contact the individual listed in the FOR FURTHER INFORMATION 
CONTACT section of this document.
     Mail comments to: Office of Administration, Mail Stop: 
TWFN-7-A60M, U.S. Nuclear Regulatory Commission, Washington, DC 20555-
0001, ATTN: Program Management, Announcements and Editing Staff.
     For additional direction on obtaining information and 
submitting comments, see ``Obtaining Information and Submitting 
Comments'' in the SUPPLEMENTARY INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: Mr. Kenneth Kalman, Division of 
Decommissioning, Uranium Recovery, and Waste Programs, Office of 
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory 
Commission, Washington, DC 20555-0001; telephone: 301-415-6664, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Obtaining Information and Submitting Comments

A. Obtaining Information

    Please refer to Docket ID NRC-2019-0093 when contacting the NRC 
about the availability of information for this action. You may obtain 
publicly-available information related to this action by any of the 
following methods:
     Federal Rulemaking Website: Go to http://www.regulations.gov and search for Docket ID NRC-2019-0093.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://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]. The NRC's February 28, 2019, letter 
accepting the proposed Cimarron Facility Decommissioning Plan Rev. 1 
(ADAMS Package Accession No. ML18323A197) for detailed technical review 
is available in an ADAMS package under Accession No. ML19056A513.
     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.

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B. Submitting Comments

    Please include Docket ID NRC-2019-0093 in your comment submission.
    The NRC cautions you not to include identifying or contact 
information that you do not want to be publicly disclosed in your 
comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into 
ADAMS. The NRC does not routinely edit comment submissions to remove 
identifying or contact information.
    If you are requesting or aggregating comments from other persons 
for submission to the NRC, then you should inform those persons not to 
include identifying or contact information that they do not want to be 
publicly disclosed in their comment submission. Your request should 
state that the NRC does not routinely edit comment submissions to 
remove such information before making the comment submissions available 
to the public or entering the comment into ADAMS.

II. Introduction

    The NRC received, by letter dated November 2, 2018, an application 
(ADAMS Package Accession No. ML18323A197) to amend Materials License 
No. SNM-928 (ADAMS Accession No. ML110270373), which authorizes 
possession of Byproduct, Source, and Special Nuclear Material. The 
objective of the proposed action is to decontaminate and decommission 
the Cimarron site to permit release for unrestricted use. In accordance 
with 10 CFR 70.38(g) CERT, submitted a proposed DP. CERT requested a 
license amendment to incorporate the proposed DP into the license. As 
part of this license amendment, CERT has also requested several other 
revisions to the Radioactive Materials License SNM-928. CERT requested 
revision of the possession limit. License Condition 8(D) authorizes the 
possession of up to 6,000 kilograms of thorium. CERT states that the 
last thorium contaminated material was shipped for disposal in 2004. 
Hence, there is no longer a need for a thorium possession limit. CERT 
also requested other minor revisions to the possession limit License 
Condition. CERT requested a revision to the description of the licensed 
area of the site. The site has been in decommissioning status since 
1976 and portions of the site have been released from license by the 
NRC. This proposed revision would amend the license to re-define the 
boundaries of the site for decommissioning purposes to accurately 
reflect the portions of the site where licensed material, which is in 
groundwater, is currently located and where licensed material would be 
stored or packaged for disposal. CERT requested deletion of several 
tie-downs in License Conditions 10 and 27 that are outdated and no 
longer relevant or required and revisions to License Condition 27 to 
reflect the groundwater remediation plan in the proposed DP. As noted, 
the site has been in decommissioning status since 1976 and various 
decommissioning activities specified in the license are complete or are 
no longer required due to changes in the decommissioning schedule and 
the description of the licensed site. CERT requested a revision to 
License Condition 23 to reflect the current status of the disposal cell 
area, which was maintained for the 5-year period required by the NRC 
with no evidence of subsidence or erosion. Finally, CERT requested that 
that the license be amended to incorporate a revision to its Radiation 
Protection Program. On February 14, 2011, License SNM-928 was 
transferred from the previous licensee to CERT (ADAMS Package Accession 
No. ML110270370). Under License Condition 27(e), CERT can make 
revisions to its Radiation Protection Plan (RPP) without NRC approval, 
provided that certain conditions are met. Since the license was 
transferred to CERT, the RPP has been revised to reflect changes in the 
license and the licensee's organization. The purpose of this revision 
is to incorporate the revised RPP, which was submitted as an appendix 
to the proposed DP.
    Since the Cimarron site has been in decommissioning status, 
materials and equipment, buildings and structures, and surface and 
subsurface soils have been decommissioned and much of the original site 
has been released from license. Previous licensees of the site relied 
on monitored natural attenuation to reduce uranium concentrations in 
the groundwater to levels that would meet the NRC's criteria for 
unrestricted use. However, in some portions of the site, uranium in the 
groundwater exceeds the NRC's criteria for unrestricted use. Should the 
NRC accept CERT'S request to incorporate the proposed DP into the 
license, pursuant to License Condition 27(b), CERT will begin active 
groundwater remediation with the goal of meeting the 180 picoCuries per 
liter total uranium criteria for unrestricted use to enable NRC to 
terminate License SNM-928.
    Upon completion of an acceptance review, the NRC found the 
application acceptable for a detailed technical review (ADAMS Package 
Accession No. ML19056A513). Prior to issuance of the requested license 
amendment, the NRC will need to make the findings required by the 
Atomic Energy Act of 1954 as amended (the Act), and the NRC's 
regulations. The NRC's findings will be documented in a safety 
evaluation report. The NRC will also perform an environmental 
assessment in accordance with the requirements of the National 
Environmental Policy Act and the NRC's regulations.

III. Notice and Solicitation of Comments

    In accordance with section 20.1405 of title 10 of the Code of 
Federal Regulations (10 CFR), the Commission is providing notice and 
soliciting comments from local and State governments in the vicinity of 
the site and any Indian Nation or other indigenous people that have 
treaty or statutory rights that could be affected by the 
decommissioning. This notice and solicitation of comments is published 
pursuant to 10 CFR 20.1405, which provides for publication in the 
Federal Register and in a forum, such as local newspapers, letters to 
State or local organizations, or other appropriate forum, that is 
readily accessible to individuals in the vicinity of the site. Comments 
should be provided by May 10, 2019.

IV. Opportunity To Request a Hearing and Petition for Leave To 
Intervene

    Within 60 days after the date of publication of this notice, any 
persons (petitioner) whose interest may be affected by this action may 
file a request for a hearing and petition for leave to intervene 
(petition) with respect to the action. Petitions shall be filed in 
accordance with the Commission's ``Agency Rules of Practice and 
Procedure'' in 10 CFR part 2. Interested persons should consult a 
current copy of 10 CFR 2.309. The NRC's regulations are accessible 
electronically from the NRC Library on the NRC's website at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of 
the regulations is available at the NRC's Public Document Room, located 
at One White Flint North, Room O1-F21, 11555 Rockville Pike (first 
floor), Rockville, Maryland 20852. If a petition is filed, the 
Commission or a presiding officer will rule on the petition and, if 
appropriate, a notice of a hearing will be issued.
    As required by 10 CFR 2.309(d) the petition should specifically 
explain the reasons why intervention should be permitted with 
particular reference to the following general requirements for 
standing: (1) The name, address, and

[[Page 14425]]

telephone number of the petitioner; (2) the nature of the petitioner's 
right under the Act to be made a party to the proceeding; (3) the 
nature and extent of the petitioner's property, financial, or other 
interest in the proceeding; and (4) the possible effect of any decision 
or order which may be entered in the proceeding on the petitioner's 
interest.
    In accordance with 10 CFR 2.309(f), the petition must also set 
forth the specific contentions which the petitioner seeks to have 
litigated in the proceeding. Each contention must consist of a specific 
statement of the issue of law or fact to be raised or controverted. In 
addition, the petitioner must provide a brief explanation of the bases 
for the contention and a concise statement of the alleged facts or 
expert opinion which support the contention and on which the petitioner 
intends to rely in proving the contention at the hearing. The 
petitioner must also provide references to the specific sources and 
documents on which the petitioner intends to rely to support its 
position on the issue. The petition must include sufficient information 
to show that a genuine dispute exists with the applicant or licensee on 
a material issue of law or fact. Contentions must be limited to matters 
within the scope of the proceeding. The contention must be one which, 
if proven, would entitle the petitioner to relief. A petitioner who 
fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at 
least one contention will not be permitted to participate as a party.
    Those permitted to intervene become parties to the proceeding, 
subject to any limitations in the order granting leave to intervene. 
Parties have the opportunity to participate fully in the conduct of the 
hearing with respect to resolution of that party's admitted 
contentions, including the opportunity to present evidence, consistent 
with the NRC's regulations, policies, and procedures.
    Petitions must be filed no later than 60 days from the date of 
publication of this notice. Petitions and motions for leave to file new 
or amended contentions that are filed after the deadline will not be 
entertained absent a determination by the presiding officer that the 
filing demonstrates good cause by satisfying the three factors in 10 
CFR 2.309(c)(1)(i) through (iii). The petition must be filed in 
accordance with the filing instructions in the ``Electronic Submissions 
(E-Filing)'' section of this document.
    A State, local governmental body, Federally-recognized Indian 
Tribe, or agency thereof, may submit a petition to the Commission to 
participate as a party under 10 CFR 2.309(h)(1). The petition should 
state the nature and extent of the petitioner's interest in the 
proceeding. The petition should be submitted to the Commission no later 
than 60 days from the date of publication of this notice. The petition 
must be filed in accordance with the filing instructions in the 
``Electronic Submissions (E-Filing)'' section of this document, and 
should meet the requirements for petitions set forth in this section. 
Alternatively, a State, local governmental body, Federally-recognized 
Indian Tribe, or agency thereof may participate as a non-party under 10 
CFR 2.315(c).
    If a hearing is granted, any person who is not a party to the 
proceeding and is not affiliated with or represented by a party may, at 
the discretion of the presiding officer, be permitted to make a limited 
appearance pursuant to the provisions of 10 CFR 2.315(a). A person 
making a limited appearance may make an oral or written statement of 
his or her position on the issues but may not otherwise participate in 
the proceeding. A limited appearance may be made at any session of the 
hearing or at any prehearing conference, subject to the limits and 
conditions as may be imposed by the presiding officer. Details 
regarding the opportunity to make a limited appearance will be provided 
by the presiding officer if such sessions are scheduled.

V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a 
request for hearing and petition for leave to intervene (petition), any 
motion or other document filed in the proceeding prior to the 
submission of a request for hearing or petition to intervene, and 
documents filed by interested governmental entities that request to 
participate under 10 CFR 2.315(c), must be filed in accordance with the 
NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 
46562; August 3, 2012). The E-Filing process requires participants to 
submit and serve all adjudicatory documents over the internet, or in 
some cases to mail copies on electronic storage media. Detailed 
guidance on making electronic submissions may be found in the Guidance 
for Electronic Submissions to the NRC and on the NRC website at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit 
paper copies of their filings unless they seek an exemption in 
accordance with the procedures described below.
    To comply with the procedural requirements of E-Filing, at least 10 
days prior to the filing deadline, the participant should contact the 
Office of the Secretary by email at [email protected], or by 
telephone at 301-415-1677, to (1) request a digital identification (ID) 
certificate, which allows the participant (or its counsel or 
representative) to digitally sign submissions and access the E-Filing 
system for any proceeding in which it is participating; and (2) advise 
the Secretary that the participant will be submitting a petition or 
other adjudicatory document (even in instances in which the 
participant, or its counsel or representative, already holds an NRC-
issued digital ID certificate). Based upon this information, the 
Secretary will establish an electronic docket for the hearing in this 
proceeding if the Secretary has not already established an electronic 
docket.
    Information about applying for a digital ID certificate is 
available on the NRC's public website at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a 
digital ID certificate and a docket has been created, the participant 
can then submit adjudicatory documents. Submissions must be in Portable 
Document Format (PDF). Additional guidance on PDF submissions is 
available on the NRC's public website at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the 
time the document is submitted through the NRC's E-Filing system. To be 
timely, an electronic filing must be submitted to the E-Filing 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 email notice confirming receipt of the document. The 
E-Filing system also distributes an email notice that provides access 
to the document to the NRC's 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, applicants and 
other participants (or their counsel or representative) must apply for 
and receive a digital ID certificate before adjudicatory documents are 
filed so that they can obtain access to the documents via the E-Filing 
system.
    A person filing electronically using the NRC's adjudicatory E-
Filing system may seek assistance by contacting the NRC's Electronic 
Filing Help Desk through the ``Contact Us'' link located on the NRC's 
public website at http://www.nrc.gov/site-help/e-submittals.html, by 
email to [email protected], or by a toll-

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free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is 
available between 9 a.m. and 6 p.m., Eastern Time, Monday through 
Friday, excluding government holidays.
    Participants who believe that they have a good cause for not 
submitting documents electronically must file an exemption request, in 
accordance with 10 CFR 2.302(g), with their initial paper filing 
stating why there is good cause for not filing electronically and 
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, 11555 
Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and 
Adjudications Staff. Participants filing adjudicatory documents 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. A presiding officer, having granted an 
exemption request from using E-Filing, may require a participant or 
party to use E-Filing if the presiding officer subsequently determines 
that the reason for granting the exemption from use of E-Filing no 
longer exists.
    Documents submitted in adjudicatory proceedings will appear in the 
NRC's electronic hearing docket which is available to the public at 
https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the 
Commission or the presiding officer. If you do not have an NRC-issued 
digital ID certificate as described above, click cancel when the link 
requests certificates and you will be automatically directed to the 
NRC's electronic hearing dockets where you will be able to access any 
publicly available documents in a particular hearing docket. 
Participants are requested not to include personal privacy information, 
such as social security numbers, home addresses, or personal phone 
numbers in their filings, unless an NRC regulation or other law 
requires submission of such information. For example, in some 
instances, individuals provide home addresses in order to demonstrate 
proximity to a facility or site. 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 submission.

    Dated at Rockville, Maryland, on April 4, 2019.

    For the Nuclear Regulatory Commission.
John R. Tappert,
Director, Division of Decommissioning, Uranium Recovery and Waste 
Programs, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2019-07028 Filed 4-9-19; 8:45 am]
 BILLING CODE 7590-01-P