Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 52-01986-04, for the Unrestricted Release of a Tree at the University of Puerto Rico's El Verde Research Station, Puerto Rico, 48955-48957 [E6-13835]
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Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices
under which the staff would leave
things as they are by simply denying the
amendment request. This no-action
alternative is not feasible because it
conflicts with 10 CFR 30.36(d),
requiring that decommissioning of
byproduct material facilities be
completed and approved by the NRC
after licensed activities cease. The
NRC’s analysis of the Licensee’s final
status survey data confirmed that the
Facilities meet the requirements of 10
CFR 20.1402 for unrestricted release and
for license termination. Additionally,
denying the amendment request would
result in no change in current
environmental impacts. The
environmental impacts of the proposed
action and the no-action alternative are
therefore similar, and the no-action
alternative is accordingly not further
considered.
Conclusion
The NRC staff has concluded that the
proposed action is consistent with the
NRC’s unrestricted release criteria
specified in 10 CFR 20.1402. Because
the proposed action will not
significantly impact the quality of the
human environment, the NRC staff
concludes that the proposed action is
the preferred alternative.
cprice-sewell on PROD1PC66 with NOTICES
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the New
Jersey Bureau of Environmental
Radiation for review on July 13, 2006.
On July 20, 2006, New Jersey Bureau of
Environmental Radiation responded by
letter. The State agreed with the
conclusions of the EA, and otherwise
had no comments.
The NRC staff has determined that the
proposed action is of a procedural
nature, and will not affect listed species
or critical habitat. Therefore, no further
consultation is required under Section 7
of the Endangered Species Act. The
NRC staff has also determined that the
proposed action is not the type of
activity that has the potential to cause
effects on historic properties. Therefore,
no further consultation is required
under Section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in
support of the proposed action. On the
basis of this EA, the NRC finds that
there are no significant environmental
impacts from the proposed action, and
that preparation of an environmental
impact statement is not warranted.
Accordingly, the NRC has determined
that a Finding of No Significant Impact
is appropriate.
VerDate Aug<31>2005
15:34 Aug 21, 2006
Jkt 208001
IV. Further Information
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The documents related to
this action are listed below, along with
their ADAMS accession numbers.
1. Amendment request dated
December 5, 2005 (ML053500284);
2. Request for Additional Information
dated January 5, 2006 (ML060090118);
3. Response dated January 25, 2006
(ML060340478);
4. Final Status Survey Report dated
March 9, 2006 (ML060800678);
5. Request For Additional Information
dated April 12, 2006 (ML061070606);
6. Final Status Survey Report dated
June 15, 2006 (ML061740168);
7. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance’’;
8. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination’’;
9. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions’’;
10. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’.
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at 475 Allendale Road, King of
Prussia, Pennsylvania this 15th day of
August 2006.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E6–13837 Filed 8–21–06; 8:45 am]
BILLING CODE 7590–01–P
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48955
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–01183]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 52–01986–04, for the
Unrestricted Release of a Tree at the
University of Puerto Rico’s El Verde
Research Station, Puerto Rico
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Betsy Ullrich, Senior Health Physicist,
Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region 1,
475 Allendale Road, King of Prussia,
Pennsylvania 19406; telephone (610)–
337–5040; fax number (610)–337–5269;
or by e-mail: exu@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Byproduct Materials License No. 52–
01896–04. This license is held by the
University of Puerto Rico, College of
Natural Sciences (the Licensee), for its
University of Puerto Rico Rio Pedras
Campus in San Juan, Puerto Rico and a
tree at the El Verde Research Station,
located in the Luquillo Forest of the
Caribbean National Forest. Issuance of
the amendment would authorize release
of the tree at the El Verde Research
Station from any further license
requirements. The Licensee requested
this action in a letter dated November
16, 2005. The NRC has prepared an
Environmental Assessment (EA) in
support of this proposed action in
accordance with the requirements of
Title 10, Code of Federal Regulations
(CFR), Part 51 (10 CFR Part 51). Based
on the EA, the NRC has concluded that
a Finding of No Significant Impact
(FONSI) is appropriate with respect to
the proposed action. The NRC plans to
take the proposed action following the
publication of this FONSI and EA in the
Federal Register.
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s November 16, 2005,
license amendment request and would
release the tree at the El Verde Research
E:\FR\FM\22AUN1.SGM
22AUN1
48956
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices
Station from further license
requirements. License No. 52–01986–04
was issued on March 18, 1969, pursuant
to 10 CFR Part 30, and has been
amended periodically since that time.
Amendment 13 of this license, issued
June 21, 2001, authorized the Licensee
to possess the tree at the El Verde
Research Station that was previously
authorized under License No. 52–
19434–02. License No. 52–19434–02
was issued March 9, 1982, and
terminated on June 21, 2001. The tree
had been injected with 460 microcuries
of cesium–137 (Cs-137) in 1968 during
a study that was sponsored by the U. S.
Atomic Energy Commission and
performed by the Puerto Rico Nuclear
Center at the University of Puerto Rico.
The U. S. Department of Energy (DOE)
decommissioned the El Verde Research
Station early in the 1980’s and
transferred responsibility for it,
including the tree, to the University of
Puerto Rico.
The tree is situated in Study Area 4
of the El Verde Research Station in the
Luquillo Forest. The tree is located in a
remote area that is accessible only by a
trail which includes steep climbs and a
cable suspension bridge. The affected
area extends about 5 meters from the
tree, and includes surface soil and the
root system in addition to the tree itself.
The Licensee has provided oversight
of the tree since 1982 with assistance
from the DOE. In the 1990’s, DOE
performed additional surveys and
remediation activities in the area of the
tree. Based on the Licensee’s historical
knowledge of the site and the conditions
of the tree and its affected area, the
Licensee determined that no additional
decommissioning activities were
required. The Licensee provided
information to the NRC to demonstrate
that it meets the criteria in Subpart E of
10 CFR Part 20 for unrestricted release
of the tree.
cprice-sewell on PROD1PC66 with NOTICES
Need for the Proposed Action
The Licensee seeks to remove the tree
from further license requirements.
Release of the tree would relieve the
Licensee of requirements for
maintaining fences and postings of the
area for the purposes of radiation
protection.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted on the tree shows
that such activities involved injection
into the tree of 460 microcuries of Cs–
137 in 1968. Prior to performing the
final status survey, the DOE conducted
decontamination activities, as
necessary, in the areas of the tree
VerDate Aug<31>2005
15:34 Aug 21, 2006
Jkt 208001
affected by Cs–137, on behalf of the
Licensee.
The DOE conducted various surveys
of the tree and its affected areas in the
1980’s and 1990’s. The survey reports
were attached to the Licensee’s
amendment request dated November 16,
2005. The Licensee elected to
demonstrate compliance with the
radiological criteria for unrestricted
release as specified in 10 CFR 20.1402
by providing the site-specific dose
modeling performed by the DOE, using
input parameters specific to the tree
based on the results of DOE surveys.
The Licensee thus determined the
maximum amount of residual
radioactivity on materials and soils that
will satisfy the NRC requirements in
Subpart E of 10 CFR Part 20 for
unrestricted release.
The NRC performed independent
calculations to determine if the residual
material in the tree and its affected
environment would meet Subpart E of
10 CFR Part 20 for unrestricted release.
Based on its review, the staff has
determined that the affected
environment and any environmental
impacts associated with the proposed
action are bounded by the impacts
evaluated by the ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG–
1496) Volumes 1–3 (ML042310492,
ML042320379, and ML042330385). The
staff finds there were no significant
environmental impacts from the use of
radioactive material in the tree. The
NRC staff reviewed the docket file
records and the survey reports to
identify any non-radiological hazards
that may have impacted the
environment surrounding the tree. No
such hazards or impacts to the
environment were identified. The NRC
has identified no other radiological or
non-radiological activities in the area
that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
release of the tree for unrestricted use is
in compliance with 10 CFR 20.1402.
Based on its review, the staff considered
the impact of the residual radioactivity
at the tree and concluded that the
proposed action will not have a
significant effect on the quality of the
human environment.
Environmental Impacts of the
Alternatives to the Proposed Action
Due to the largely administrative
nature of the proposed action, its
environmental impacts are small.
Therefore, the only alternative the staff
considered is the no-action alternative,
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Frm 00050
Fmt 4703
Sfmt 4703
under which the staff would leave
things as they are by simply denying the
amendment request. This no-action
alternative is not feasible because it
conflicts with 10 CFR 30.36(d),
requiring that decommissioning of
byproduct material facilities be
completed and approved by the NRC
after licensed activities cease. The
NRC’s analysis of the Licensee’s survey
data confirmed that the tree and its
affected area meet the requirements of
10 CFR 20.1402 for unrestricted release.
Additionally, denying the amendment
request would result in no change in
current environmental impacts. The
environmental impacts of the proposed
action and the no-action alternative are
therefore similar, and the no-action
alternative is accordingly not further
considered.
Conclusion
The NRC staff has concluded that the
proposed action is consistent with the
NRC’s unrestricted release criteria
specified in 10 CFR 20.1402. Because
the proposed action will not
significantly impact the quality of the
human environment, the NRC staff
concludes that the proposed action is
the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the
Commonwealth of Puerto Rico, Puerto
Rico Health Department, Radiological
Health Division, for review on June 21,
2006. On July 31, 2006, the
Commonwealth of Puerto Rico
responded by electronic mail. The
Commonwealth agreed with the
conclusions of the EA, and otherwise
had no comments.
The NRC staff has determined that the
proposed action is of a procedural
nature, and will not affect listed species
or critical habitat. Therefore, no further
consultation is required under Section 7
of the Endangered Species Act. The
NRC staff has also determined that the
proposed action is not the type of
activity that has the potential to cause
effects on historic properties. Therefore,
no further consultation is required
under Section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in
support of the proposed action. On the
basis of this EA, the NRC finds that
there are no significant environmental
impacts from the proposed action, and
that preparation of an environmental
impact statement is not warranted.
Accordingly, the NRC has determined
E:\FR\FM\22AUN1.SGM
22AUN1
Federal Register / Vol. 71, No. 162 / Tuesday, August 22, 2006 / Notices
NUCLEAR REGULATORY
COMMISSION
IV. Further Information
Sunshine Federal Register Notice
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The documents related to
this action are listed below, along with
their ADAMS accession numbers.
(1) University or Puerto Rico,
Amendment request dated November
16, 2005, with supporting documents
[ML053550475].
(2) Department of Energy, letter dated
August 16, 1993 [ML060470455].
(3) Department of Energy, letter dated
March 19, 1993 [ML060470461].
(4) NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
(5) Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
(6) Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
(7). NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
cprice-sewell on PROD1PC66 with NOTICES
that a Finding of No Significant Impact
is appropriate.
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission
DATES: Weeks of August 21, 28;
September 4, 11, 18, 25, 2006.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
Matters to be Considered:
Dated at King of Prussia this 15th day of
August 2006.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region 1.
[FR Doc. E6–13835 Filed 8–21–06; 8:45 am]
BILLING CODE 7590–01–P
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15:34 Aug 21, 2006
Jkt 208001
Week of August 21, 2006
There are no meetings scheduled for
the Week of August 21, 2006.
Week of August 28, 2006—Tentative
There are no meetings scheduled for
the Week of August 28, 2006.
Week of September 4, 2006—Tentative
Wednesday, September 6, 2006
1:50 p.m.
Affirmation Session (Public)
(Tentative), a. Pa’ina Hawaii, LLC,
LBP–06–4, 63 NRC 99 (2006) and
LBP–06–63, NRC 409 (2006).
(Tentative).
Week of September 11, 2006—Tentative
Monday, September 11, 2006
9:30 a.m.
Discussion of Security Issues
(Closed—Ex. 1).
1:30 p.m.
Discussion of Security Issues
(Closed—Ex. 1 & 3).
Tuesday, September 12, 2006
9:30 a.m.
Meeting with Organization of
Agreement States (OAS) and
Conference of Radiation Control
Program Directors (CRCPD), (Public
Meeting) (Contact: Shawn Smith,
301–415–2620).
This meeting will be webcast live at
the Web address—www.nrc.gov
1 p.m.
Discussion of Security Issues
(Closed—Ex. 1).
Week of September 18, 2006—Tentative
There are no meetings scheduled for
the Week of September 18, 2006.
Week of September 25, 2006—Tentative
There are no meetings scheduled for
the Week of September 25, 2006.
* The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings
call (recording)—(301) 415–1292.
Contact person for more information:
Michelle Schroll, (301) 415–1662.
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48957
The NRC Commission Meeting
Schedule can be found on the Internet
at: www.nrc.gov/what-we-do/policymaking/schedule.html
ADDITIONAL INFORMATION:
Affirmation of (1) Pacific Gas & Elec.
Co. (Diablo Canyon ISFSI), Docket No.
72–26–ISFSI ‘‘Motion by San Luis
Obispo Mothers for Peace, Sierra Club,
and Peg Pinard for Declaratory and
Injunctive Relief with respect to Diablo
Canyon ISFSI’’ and (2) AmerGen Energy
Company, LLC (License Renewal for
Oyster Creek Nuclear Generating
Station) Docket No. 50–0219, Legal
challenges to LBP–06–07 and LBP–06–
11, tentatively scheduled on Thursday,
August 17, 2006, was postponed and
will be rescheduled.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify the
NRC’s Disability Program Coordinator.
Deborah Chan, at 301–415–7041, TDD:
301–415–2100, or by e-mail at
DLC@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
This notice is distributed by mail to
several hundred subscribers; if you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969).
In addition, distribution of this meeting
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to dkw.@nrc.gov.
Dated: August 17, 2006.
R. Michelle Schroll,
Office of the Secretary.
[FR Doc. 06–7089 Filed 8–18–06; 10:11 am]
BILLING CODE 7590–01–M
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold the following
meeting during the week of August 21,
2006:
A Closed Meeting will be held on
Thursday, August 24, 2006 at 2 p.m.
E:\FR\FM\22AUN1.SGM
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]]>Agencies
[Federal Register Volume 71, Number 162 (Tuesday, August 22, 2006)]
[Notices]
[Pages 48955-48957]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-13835]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-01183]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 52-01986-04, for the Unrestricted Release of a Tree at the
University of Puerto Rico's El Verde Research Station, Puerto Rico
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health
Physicist, Commercial and R&D Branch, Division of Nuclear Materials
Safety, Region 1, 475 Allendale Road, King of Prussia, Pennsylvania
19406; telephone (610)-337-5040; fax number (610)-337-5269; or by e-
mail: exu@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to Byproduct Materials License No. 52-
01896-04. This license is held by the University of Puerto Rico,
College of Natural Sciences (the Licensee), for its University of
Puerto Rico Rio Pedras Campus in San Juan, Puerto Rico and a tree at
the El Verde Research Station, located in the Luquillo Forest of the
Caribbean National Forest. Issuance of the amendment would authorize
release of the tree at the El Verde Research Station from any further
license requirements. The Licensee requested this action in a letter
dated November 16, 2005. The NRC has prepared an Environmental
Assessment (EA) in support of this proposed action in accordance with
the requirements of Title 10, Code of Federal Regulations (CFR), Part
51 (10 CFR Part 51). Based on the EA, the NRC has concluded that a
Finding of No Significant Impact (FONSI) is appropriate with respect to
the proposed action. The NRC plans to take the proposed action
following the publication of this FONSI and EA in the Federal Register.
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve the Licensee's November 16, 2005,
license amendment request and would release the tree at the El Verde
Research
[[Page 48956]]
Station from further license requirements. License No. 52-01986-04 was
issued on March 18, 1969, pursuant to 10 CFR Part 30, and has been
amended periodically since that time. Amendment 13 of this license,
issued June 21, 2001, authorized the Licensee to possess the tree at
the El Verde Research Station that was previously authorized under
License No. 52-19434-02. License No. 52-19434-02 was issued March 9,
1982, and terminated on June 21, 2001. The tree had been injected with
460 microcuries of cesium-137 (Cs-137) in 1968 during a study that was
sponsored by the U. S. Atomic Energy Commission and performed by the
Puerto Rico Nuclear Center at the University of Puerto Rico. The U. S.
Department of Energy (DOE) decommissioned the El Verde Research Station
early in the 1980's and transferred responsibility for it, including
the tree, to the University of Puerto Rico.
The tree is situated in Study Area 4 of the El Verde Research
Station in the Luquillo Forest. The tree is located in a remote area
that is accessible only by a trail which includes steep climbs and a
cable suspension bridge. The affected area extends about 5 meters from
the tree, and includes surface soil and the root system in addition to
the tree itself.
The Licensee has provided oversight of the tree since 1982 with
assistance from the DOE. In the 1990's, DOE performed additional
surveys and remediation activities in the area of the tree. Based on
the Licensee's historical knowledge of the site and the conditions of
the tree and its affected area, the Licensee determined that no
additional decommissioning activities were required. The Licensee
provided information to the NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR Part 20 for unrestricted release of the
tree.
Need for the Proposed Action
The Licensee seeks to remove the tree from further license
requirements. Release of the tree would relieve the Licensee of
requirements for maintaining fences and postings of the area for the
purposes of radiation protection.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted on the tree
shows that such activities involved injection into the tree of 460
microcuries of Cs-137 in 1968. Prior to performing the final status
survey, the DOE conducted decontamination activities, as necessary, in
the areas of the tree affected by Cs-137, on behalf of the Licensee.
The DOE conducted various surveys of the tree and its affected
areas in the 1980's and 1990's. The survey reports were attached to the
Licensee's amendment request dated November 16, 2005. The Licensee
elected to demonstrate compliance with the radiological criteria for
unrestricted release as specified in 10 CFR 20.1402 by providing the
site-specific dose modeling performed by the DOE, using input
parameters specific to the tree based on the results of DOE surveys.
The Licensee thus determined the maximum amount of residual
radioactivity on materials and soils that will satisfy the NRC
requirements in Subpart E of 10 CFR Part 20 for unrestricted release.
The NRC performed independent calculations to determine if the
residual material in the tree and its affected environment would meet
Subpart E of 10 CFR Part 20 for unrestricted release. Based on its
review, the staff has determined that the affected environment and any
environmental impacts associated with the proposed action are bounded
by the impacts evaluated by the ``Generic Environmental Impact
Statement in Support of Rulemaking on Radiological Criteria for License
Termination of NRC-Licensed Nuclear Facilities'' (NUREG-1496) Volumes
1-3 (ML042310492, ML042320379, and ML042330385). The staff finds there
were no significant environmental impacts from the use of radioactive
material in the tree. The NRC staff reviewed the docket file records
and the survey reports to identify any non-radiological hazards that
may have impacted the environment surrounding the tree. No such hazards
or impacts to the environment were identified. The NRC has identified
no other radiological or non-radiological activities in the area that
could result in cumulative environmental impacts.
The NRC staff finds that the proposed release of the tree for
unrestricted use is in compliance with 10 CFR 20.1402. Based on its
review, the staff considered the impact of the residual radioactivity
at the tree and concluded that the proposed action will not have a
significant effect on the quality of the human environment.
Environmental Impacts of the Alternatives to the Proposed Action
Due to the largely administrative nature of the proposed action,
its environmental impacts are small. Therefore, the only alternative
the staff considered is the no-action alternative, under which the
staff would leave things as they are by simply denying the amendment
request. This no-action alternative is not feasible because it
conflicts with 10 CFR 30.36(d), requiring that decommissioning of
byproduct material facilities be completed and approved by the NRC
after licensed activities cease. The NRC's analysis of the Licensee's
survey data confirmed that the tree and its affected area meet the
requirements of 10 CFR 20.1402 for unrestricted release. Additionally,
denying the amendment request would result in no change in current
environmental impacts. The environmental impacts of the proposed action
and the no-action alternative are therefore similar, and the no-action
alternative is accordingly not further considered.
Conclusion
The NRC staff has concluded that the proposed action is consistent
with the NRC's unrestricted release criteria specified in 10 CFR
20.1402. Because the proposed action will not significantly impact the
quality of the human environment, the NRC staff concludes that the
proposed action is the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this Environmental Assessment to the
Commonwealth of Puerto Rico, Puerto Rico Health Department,
Radiological Health Division, for review on June 21, 2006. On July 31,
2006, the Commonwealth of Puerto Rico responded by electronic mail. The
Commonwealth agreed with the conclusions of the EA, and otherwise had
no comments.
The NRC staff has determined that the proposed action is of a
procedural nature, and will not affect listed species or critical
habitat. Therefore, no further consultation is required under Section 7
of the Endangered Species Act. The NRC staff has also determined that
the proposed action is not the type of activity that has the potential
to cause effects on historic properties. Therefore, no further
consultation is required under Section 106 of the National Historic
Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in support of the proposed
action. On the basis of this EA, the NRC finds that there are no
significant environmental impacts from the proposed action, and that
preparation of an environmental impact statement is not warranted.
Accordingly, the NRC has determined
[[Page 48957]]
that a Finding of No Significant Impact is appropriate.
IV. Further Information
Documents related to this action, including the application for
license amendment and supporting documentation, are available
electronically at the NRC's Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html. From this site, you can access the
NRC's Agencywide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The documents
related to this action are listed below, along with their ADAMS
accession numbers.
(1) University or Puerto Rico, Amendment request dated November 16,
2005, with supporting documents [ML053550475].
(2) Department of Energy, letter dated August 16, 1993
[ML060470455].
(3) Department of Energy, letter dated March 19, 1993
[ML060470461].
(4) NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
(5) Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
(6) Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;''
(7). NUREG-1496, ``Generic Environmental Impact Statement in
Support of Rulemaking on Radiological Criteria for License Termination
of NRC-Licensed Nuclear Facilities''
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at King of Prussia this 15th day of August 2006.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region 1.
[FR Doc. E6-13835 Filed 8-21-06; 8:45 am]
BILLING CODE 7590-01-P
