[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.
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ADAMS accession
Document No.
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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....
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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]
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