Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 37-07653-02, for Amendment of the License and Unrestricted Release of the Alcoa Inc.'s Facility in New Kensington, PA, 71589-71591 [E6-20957]
Download as PDF
Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices
mstockstill on PROD1PC61 with NOTICES
Commission: (1) If it is unable to
comply with any of the requirements
described in Attachment 1; (2) if
compliance with any of the
requirements is unnecessary in its
specific circumstances; or (3) if
implementation of any of the
requirements would cause PG&E to be
in violation of the provisions of any
Commission regulation or the facility
license. The notification shall provide
PG&E’s justification for seeking relief
from or variation of any specific
requirement.
2. If PG&E considers that
implementation of any of the
requirements described in Attachment 1
to this Order would adversely impact
the safe storage of spent fuel, PG&E
must notify the Commission, within
twenty (20) days of this Order, of the
adverse safety impact, the basis for its
determination that the requirement has
an adverse safety impact, and either a
proposal for achieving the same
objectives specified in the Attachment 1
requirements in question, or a schedule
for modifying the facility to address the
adverse safety condition. If neither
approach is appropriate, PG&E must
supplement its response to Condition
B.1, of this Order, to identify the
condition as a requirement with which
it cannot comply, with attendant
justifications as required under
Condition B.1.
C.1. PG&E shall, within twenty (20)
days of this Order, submit to the
Commission a schedule for achieving
compliance with each requirement
described in Attachment 1.
2. PG&E shall report to the
Commission when it has achieved full
compliance with the requirements
described in Attachment 1.
D. All measures implemented, or
actions taken, in response to this Order,
shall be maintained until the
Commission determines otherwise.
PG&E’s response to Conditions B.1,
B.2, C.1, and C.2, above, shall be
submitted in accordance with 10 CFR
72.4. In addition, submittals that
contain Safeguards Information shall be
properly marked and handled in
accordance with 10 CFR 73.21.
The Director, Office of Nuclear
Material Safety and Safeguards, may, in
writing, relax or rescind any of the
above conditions, for good cause.
IV
In accordance with 10 CFR 2.202,
PG&E must, and any other entity
adversely affected by this Order may,
submit an answer to this Order, and
may request a hearing on this Order,
within twenty (20) days of the date of
this Order. Where good cause is shown,
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15:15 Dec 08, 2006
Jkt 211001
consideration will be given to extending
the time to request a hearing. A request
for extension of time in which to submit
an answer must be made in writing to
the Director, Office of Nuclear Material
Safety and Safeguards, and the Director,
Office of Enforcement, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, and include a statement of
good cause for the extension. The
answer may consent to this Order.
Unless the answer consents to this
Order, the answer shall, in writing and
under oath or affirmation, specifically
set forth the matters of fact and law on
which the licensee or other entity
adversely affected relies and the reasons
as to why the Order should not have
been issued. Any answer or request for
a hearing shall be submitted to the
Secretary, Office of the Secretary of the
Commission, U.S. Nuclear Regulatory
Commission, ATTN: Rulemakings and
Adjudications Staff, Washington, DC
20555. Copies also shall be sent to the
Director, Office of Nuclear Material
Safety and Safeguards, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555; to the Director, Office of
Enforcement at the same address; to the
Assistant General Counsel for Materials
Litigation and Enforcement, at the same
address; to the Regional Administrator
for NRC Region IV at 611 Ryan Plaza
Drive, Suite 400, Arlington, TX 76011;
and to the licensee, if the answer or
hearing request is by an entity other
than the licensee. Because of possible
disruptions in delivery of mail to United
States Government offices, it is
requested that requests for a hearing be
transmitted to the Secretary of the
Commission, either by means of
facsimile transmission, to 301–415–
1101, or by e-mail, to
hearingdocket@nrc.gov, and also to the
Office of General Counsel (OGC), either
by means of facsimile transmission, to
301–415–3725, or by e-mail, to
OGCMailCenter@nrc.gov. If an entity
other than PG&E requests a hearing, that
entity shall set forth, with particularity,
the manner in which its interest is
adversely affected by this Order, and
shall address the criteria set forth in 10
CFR 2.309.
If PG&E or an entity whose interest is
adversely affected requests a hearing,
the Commission will issue an Order
designating the hearing’s time and
place. If a hearing is held, the issue to
be considered at such a hearing shall be
whether this Order should be sustained.
Pursuant to 10 CFR 2.202(c)(2)(i),
PG&E may, in addition to demanding a
hearing at the time the answer is filed
or sooner, move the presiding officer to
set aside the immediate effectiveness of
the Order on the grounds that the Order,
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71589
including the need for immediate
effectiveness, is not based on adequate
evidence but on mere suspicion,
unfounded allegations, or error.
In the absence of any request for
hearing or written approval of an
extension of time in which to request a
hearing, the provisions specified in
Section III above shall be final twenty
(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 III 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 at Rockville, Maryland this 22nd day
of November 2006.
For the Nuclear Regulatory Commission.
Jack R. Strosnider,
Director, Office of Nuclear Material Safety.
[FR Doc. E6–20959 Filed 12–8–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–06172]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 37–07653–02, for
Amendment of the License and
Unrestricted Release of the Alcoa
Inc.’s Facility in New Kensington, PA
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Kathy Dolce Modes, Health Physicist,
Materials Security & Industrial Branch,
Division of Nuclear Materials Safety,
Region I, 475 Allendale Road, King of
Prussia, PA 19406–1415; (610)337–
5251; fax number (610)337–5269; or by
e-mail: kad@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. 37–
07653–02. This license is held by Alcoa,
Inc. (Formerly known as the Aluminum
Company of America) (the Licensee), for
its Alcoa Research Laboratory (the ARL
Facility), located at Freeport Road in
E:\FR\FM\11DEN1.SGM
11DEN1
71590
Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices
New Kensington, Pennsylvania.
Issuance of the amendment would
authorize release of the ARL Facility for
unrestricted use. The Licensee
requested this action in a letter dated
August 28, 2006. 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 amendment
will be issued to the Licensee following
the publication of this FONSI and EA in
the Federal Register.
II. Environmental Assessment
mstockstill on PROD1PC61 with NOTICES
Identification of Proposed Action
The proposed action would approve
the Licensee’s August 28, 2006, license
amendment request, resulting in release
of the ARL Facility for unrestricted use.
License No. 37–07653–02 was issued on
April 18, 1958, pursuant to 10 CFR Part
30, and has been amended periodically
since that time. This license authorized
the Licensee to use unsealed and sealed
byproduct material for purposes of
conducting research and development
activities on laboratory bench tops and
in hoods.
The Facility is situated on 14.126
acres in a residential area, and consists
of office space and laboratories. Within
the Facility, use of licensed materials
was confined to 5,889 square feet in
Building 29 and 2,320 square feet in
Building 44.
On February 10, 2004, the Licensee
ceased licensed activities and initiated a
survey and decontamination of the ARL
Facility. Based on the Licensee’s
historical knowledge of the site and the
conditions of the Facility, the Licensee
determined that only routine
decontamination activities, in
accordance with their NRC-approved,
operating radiation safety procedures,
were required. The Licensee was not
required to submit a decommissioning
plan to the NRC because worker cleanup
activities and procedures are consistent
with those approved for routine
operations. The Licensee conducted
surveys of the Facility and provided
information to the NRC to demonstrate
that it meets the criteria in Subpart E of
10 CFR Part 20 for unrestricted release.
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities at the Facility, and
seeks the unrestricted use of its ARL
Facility.
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15:15 Dec 08, 2006
Jkt 211001
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days: Hydrogen3, sodium-22, aluminum-26, calcium45, manganese-54, iron-55, cobalt-60,
nickel-63, zinc-65, strontium-90,
cadmium-109, antimony-125, cesium137, and thallium-204. Prior to
performing the final status survey, the
Licensee conducted decontamination
activities, as necessary, in the areas of
the Facility affected by these
radionuclides.
The Licensee conducted final status
surveys in Buildings 29 and 44 in 1971,
2004, and 2006 and attached a final
status survey report to their amendment
request dated August 28, 2006. The
Licensee elected to demonstrate
compliance with the radiological
criteria for unrestricted release as
specified in 10 CFR 20.1402 by using
the screening approach described in
NUREG–1757, ‘‘Consolidated NMSS
Decommissioning Guidance,’’ Volume
2. The Licensee used the radionuclidespecific derived concentration guideline
levels (DCGLs), developed there by the
NRC, which comply with the dose
criterion in 10 CFR 20.1402. These
DCGLs define the maximum amount of
residual radioactivity on building
surfaces, equipment, and materials, and
in soils, that will satisfy the NRC
requirements in Subpart E of 10 CFR
Part 20 for unrestricted release. The
Licensee’s final status survey results
were below these DCGLs and are in
compliance with the As Low As
Reasonably Achievable (ALARA)
requirement of 10 CFR 20.1402. The
NRC thus finds that the Licensee’s final
status survey results are acceptable.
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 at the Facility. The
NRC staff reviewed the docket file
records and the final status survey
report to identify any non-radiological
hazards that may have impacted the
environment surrounding the Facility.
No such hazards or impacts to the
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Frm 00088
Fmt 4703
Sfmt 4703
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 Facility for unrestricted
use and the amendment of the NRC
materials license is in compliance with
10 CFR 20.1402. Based on its review,
the staff considered the impact of the
residual radioactivity at the Facility 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 final
status survey data confirmed that the
ARL Facility meets 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 Pennsylvania for
review on October 12, 2006. On October
27, 2006, Commonwealth of
Pennsylvania responded by e-mail
(ML063000472). 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
E:\FR\FM\11DEN1.SGM
11DEN1
Federal Register / Vol. 71, No. 237 / Monday, December 11, 2006 / Notices
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.
mstockstill on PROD1PC61 with NOTICES
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.
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.
NUREG–1757, ‘‘Consolidated NMSS
Decommissioning Guidance;’’
Title 10 Code of Federal Regulations,
Part 20, Subpart E, ‘‘Radiological
Criteria for License Termination;’’
Title 10, Code of Federal Regulations,
Part 51, ‘‘Environmental Protection
Regulations for Domestic Licensing and
Related Regulatory Functions;’’
NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities;’’
Licensee letter dated June 21, 2005
and attachments—first request to
remove ARL facility from license
(ML051920272); and
Licensee letter dated August 28, 2006
and attachments—final request to
remove ARL facility from license
(ML062550071).
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
VerDate Aug<31>2005
15:15 Dec 08, 2006
Jkt 211001
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at U.S. NRC Region I Office located
in King of Prussia, Pennsylvania this 4th day
of December 2006.
For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Materials Security and Industrial
Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E6–20957 Filed 12–8–06; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–12998]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 37–07438–15, for the
Unrestricted Release of the
Philadelphia Health & Education
Corporation’s Facility in Doylestown,
PA
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Dennis Lawyer, Health Physicist,
Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region 1,
475 Allendale Road, King of Prussia,
Pennsylvania; telephone (610) 337–
5366; fax number (610) 337–5393; or by
e-mail: drl1@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. 37–
07438–15. This license is held by
Philadelphia Health & Education
Corporation, d/b/a/ Drexel University
College of Medicine (the Licensee), for
the area leased to the Licensee within
the Delaware Valley College of
Agriculture and Science’s Mandrell
Science Building (the Facility), located
at 700 E. Butler Avenue in Doylestown,
Pennsylvania. Issuance of the
amendment would authorize release of
the Facility for unrestricted use. The
Licensee requested this action in a letter
dated August 28, 2006. The NRC has
prepared an Environmental Assessment
(EA) in support of this proposed action
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Frm 00089
Fmt 4703
Sfmt 4703
71591
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 amendment
will be issued to the Licensee 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 August 28, 2006, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. 37–07438–15 was issued on
July 17, 1977, pursuant to 10 CFR Part
30 and has been amended periodically
since that time. This license authorized
the Licensee to use unsealed byproduct
material for purposes of conducting
research and development activities on
laboratory bench tops and in hoods.
The Facility is a 15,000 square foot
leased area, within the 66,300 square
foot Mandrell Science Building, located
on the 80 acre Delaware Valley College
of Agriculture and Science Campus. The
Facility consists of office space and
laboratories. Within the Facility, use of
licensed materials was confined to
laboratories totaling 2,680 square feet.
On July 26, 2006, the Licensee ceased
licensed activities and initiated a survey
and decontamination of the Facility.
Based on the Licensee’s historical
knowledge of the site and the conditions
of the Facility, the Licensee determined
that only routine decontamination
activities, in accordance with their NRCapproved, operating radiation safety
procedures, were required. The Licensee
was not required to submit a
decommissioning plan to the NRC
because worker cleanup activities and
procedures are consistent with those
approved for routine operations. The
Licensee conducted surveys of the
Facility and provided information to the
NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR Part 20
for unrestricted release.
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities at the Facility, and
seeks release of the Facility for
unrestricted use.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of hydrogen-3, which has a half-life
greater than 120 days. Prior to
E:\FR\FM\11DEN1.SGM
11DEN1
Agencies
[Federal Register Volume 71, Number 237 (Monday, December 11, 2006)]
[Notices]
[Pages 71589-71591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20957]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-06172]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 37-07653-02, for Amendment of the License and Unrestricted
Release of the Alcoa Inc.'s Facility in New Kensington, PA
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Kathy Dolce Modes, Health Physicist,
Materials Security & Industrial Branch, Division of Nuclear Materials
Safety, Region I, 475 Allendale Road, King of Prussia, PA 19406-1415;
(610)337-5251; fax number (610)337-5269; or by e-mail: kad@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. 37-
07653-02. This license is held by Alcoa, Inc. (Formerly known as the
Aluminum Company of America) (the Licensee), for its Alcoa Research
Laboratory (the ARL Facility), located at Freeport Road in
[[Page 71590]]
New Kensington, Pennsylvania. Issuance of the amendment would authorize
release of the ARL Facility for unrestricted use. The Licensee
requested this action in a letter dated August 28, 2006. 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 amendment will be
issued to the Licensee 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 August 28, 2006,
license amendment request, resulting in release of the ARL Facility for
unrestricted use. License No. 37-07653-02 was issued on April 18, 1958,
pursuant to 10 CFR Part 30, and has been amended periodically since
that time. This license authorized the Licensee to use unsealed and
sealed byproduct material for purposes of conducting research and
development activities on laboratory bench tops and in hoods.
The Facility is situated on 14.126 acres in a residential area, and
consists of office space and laboratories. Within the Facility, use of
licensed materials was confined to 5,889 square feet in Building 29 and
2,320 square feet in Building 44.
On February 10, 2004, the Licensee ceased licensed activities and
initiated a survey and decontamination of the ARL Facility. Based on
the Licensee's historical knowledge of the site and the conditions of
the Facility, the Licensee determined that only routine decontamination
activities, in accordance with their NRC-approved, operating radiation
safety procedures, were required. The Licensee was not required to
submit a decommissioning plan to the NRC because worker cleanup
activities and procedures are consistent with those approved for
routine operations. The Licensee conducted surveys of the Facility and
provided information to the NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR Part 20 for unrestricted release.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities at the
Facility, and seeks the unrestricted use of its ARL Facility.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days: Hydrogen-3,
sodium-22, aluminum-26, calcium-45, manganese-54, iron-55, cobalt-60,
nickel-63, zinc-65, strontium-90, cadmium-109, antimony-125, cesium-
137, and thallium-204. Prior to performing the final status survey, the
Licensee conducted decontamination activities, as necessary, in the
areas of the Facility affected by these radionuclides.
The Licensee conducted final status surveys in Buildings 29 and 44
in 1971, 2004, and 2006 and attached a final status survey report to
their amendment request dated August 28, 2006. The Licensee elected to
demonstrate compliance with the radiological criteria for unrestricted
release as specified in 10 CFR 20.1402 by using the screening approach
described in NUREG-1757, ``Consolidated NMSS Decommissioning
Guidance,'' Volume 2. The Licensee used the radionuclide-specific
derived concentration guideline levels (DCGLs), developed there by the
NRC, which comply with the dose criterion in 10 CFR 20.1402. These
DCGLs define the maximum amount of residual radioactivity on building
surfaces, equipment, and materials, and in soils, that will satisfy the
NRC requirements in Subpart E of 10 CFR Part 20 for unrestricted
release. The Licensee's final status survey results were below these
DCGLs and are in compliance with the As Low As Reasonably Achievable
(ALARA) requirement of 10 CFR 20.1402. The NRC thus finds that the
Licensee's final status survey results are acceptable.
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 at the Facility. The NRC staff reviewed
the docket file records and the final status survey report to identify
any non-radiological hazards that may have impacted the environment
surrounding the Facility. 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 Facility for
unrestricted use and the amendment of the NRC materials license is in
compliance with 10 CFR 20.1402. Based on its review, the staff
considered the impact of the residual radioactivity at the Facility 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
final status survey data confirmed that the ARL Facility meets 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 Pennsylvania for review on October 12, 2006. On October
27, 2006, Commonwealth of Pennsylvania responded by e-mail
(ML063000472). 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
[[Page 71591]]
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.
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.
NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;''
NUREG-1496, ``Generic Environmental Impact Statement in Support of
Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities;''
Licensee letter dated June 21, 2005 and attachments--first request
to remove ARL facility from license (ML051920272); and
Licensee letter dated August 28, 2006 and attachments--final
request to remove ARL facility from license (ML062550071).
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 U.S. NRC Region I Office located in King of Prussia,
Pennsylvania this 4th day of December 2006.
For the Nuclear Regulatory Commission.
Marie Miller,
Chief, Materials Security and Industrial Branch, Division of Nuclear
Materials Safety, Region I.
[FR Doc. E6-20957 Filed 12-8-06; 8:45 am]
BILLING CODE 7590-01-P