Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. STC-133, for Unrestricted Release of the Defense Logistics Agency's Facility in Binghamton, New York, 7478-7480 [E7-2641]
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Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices
to the seating capacity of the room. Five
seats will be reserved for members of
the press. The agenda for the meeting is
as follows:
—To assess the operational readiness of
the International Space Station to
support a new crew.
—To assess the Russian and American
flight teams’ preparedness to
accomplish the Expedition Fifteen
mission.
—To assess the health and flight
readiness of the Expedition Fifteen
crew. Attendees will be requested to
sign a register and to comply with
NASA security requirements,
including the presentation of a valid
picture ID, before receiving an access
badge. Foreign nationals attending
this meeting will be required to
provide the following information:
full name; gender; date/place of birth;
citizenship; visa/green card
information (number, type, expiration
date); passport information (number,
country, expiration date); employer/
affiliation information (name of
institution, address, country, phone);
title/position of attendee. To expedite
admittance, attendees should provide
identifying information in advance by
contacting Larry Kenyon via e-mail at
Lawrence.a.kenyon@nasa.gov or by
telephone at (202) 358–0644 by
Friday, March 16, 2007. It is
imperative that the meeting be held
on this date to accommodate the
scheduling priorities of the key
participants.
P. Diane Rausch,
Advisory Committee Management Officer,
National Aeronautics and Space
Administration.
[FR Doc. E7–2675 Filed 2–14–07; 8:45 am]
BILLING CODE 7510–13–P
NUCLEAR REGULATORY
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Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
U.S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of the OMB review of the
information collection and solicitation
of public comment.
ycherry on PROD1PC64 with NOTICES
AGENCY:
SUMMARY: The NRC has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
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agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
1. Type of submission, new, revision,
or extension: Revision.
2. The title of the information
collection: 10 CFR Part 50, ‘‘Domestic
Licensing of Production and Utilization
Facilities’’.
3. The form number if applicable: Not
applicable.
4. How often the collection is
required: As necessary in order for NRC
to meet its responsibilities to conduct a
detailed review of applications for
licenses, and amendments thereto, to
construct and operate nuclear power
plants, preliminary or final design
approvals, design certifications,
research and test facilities, reprocessing
plants and other utilization and
production facilities, licensed pursuant
to the Atomic Energy Act of 1954, as
amended, (the Act) and to monitor their
activities.
5. Who will be required or asked to
report: Licensees and applicants for
nuclear power plants and research and
test facilities.
6. An estimate of the number of
annual responses: 45,513.
7. The estimated number of annual
respondents: 187.
8. An estimate of the total number of
hours needed annually to complete the
requirement or request: 6,181M; 3,141M
hours reporting (an average of 69 hrs/
response) + 3,040M hours
recordkeeping (an average of 16K hrs/
recordkeeper).
9. An indication of whether Section
3507(d), Pub. L. 104–13 applies: N/A.
10 Abstract: 10 CFR Part 50 of the
NRC’s regulations, ‘‘Domestic Licensing
of Production and Utilization
Facilities,’’ specifies technical
information and data to be provided to
the NRC or maintained by applicants
and licensees so that the NRC may make
determinations necessary to protect the
health and safety of the public, in
accordance with the Act. The reporting
and recordkeeping requirements
contained in 10 CFR 50 are mandatory
for the affected licensees and applicants.
A copy of the final supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: https://www.nrc.gov/public-involve/
doc-comment/omb/. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
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Comments and questions should be
directed to the OMB reviewer listed
below by March 19, 2007. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Molly C. Tokaz, Office of Information
and Regulatory Affairs (3150–0011),
NEOB–10202, Office of Management
and Budget, Washington, DC 20503.
Comments can also be e-mailed to
Molly_C._Tokaz@omb.eop.gov or
submitted by telephone at 202–395–
4650.
The NRC Clearance Officer is
Margaret A. Janney, 301–415–7245.
Dated at Rockville, Maryland, this 8th day
of February, 2007.
For the Nuclear Regulatory Commission.
Margaret A. Janney,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. E7–2602 Filed 2–14–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
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[Docket No. 04000341]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Source Materials
License No. STC–133, for Unrestricted
Release of the Defense Logistics
Agency’s Facility in Binghamton, New
York
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 I,
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
Source Materials License No. STC–133.
This license is held by Defense Logistics
Agency (the Licensee), for its Defense
National Stockpile Center Binghamton
Depot, located at Hoyt Avenue in
Binghamton, New York (the Facility).
Issuance of the amendment would
E:\FR\FM\15FEN1.SGM
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Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices
authorize release of the Facility for
unrestricted use. The Licensee
requested this action in a letter dated
October 16, 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
ycherry on PROD1PC64 with NOTICES
Identification of Proposed Action
The proposed action would approve
the Licensee’s October 16, 2006, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. STC–133 was issued on July
27, 1983, pursuant to 10 CFR Part 40,
and has been amended periodically
since that time. This license authorized
the Licensee to use unsealed byproduct
material for purposes of storage,
sampling, repackaging, and transferring
materials.
The Facility is situated on 57 acres of
land and consists of warehouse and
office space. The Facility is located in
a mixed residential/industrial area.
Within the Facility, use of licensed
materials was confined to the fire
station and warehouses 8, 10, 11, 12, 13,
and 14. The area of use totaled
approximately 34,000 square feet.
On December 10, 2004, 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 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 Facility.
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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: Natural
uranium and thorium. 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 a final status
survey on November 7–10, 2005, June
15–23, 2006, July 4–6, 2006, and August
3 and 4, 2006. This survey covered the
areas of use as stated in the Final Status
Survey Plan, dated February 2006. The
final status survey report was enclosed
with the Licensee’s amendment request
dated October 16, 2006, and an
additional information letter dated
December 19, 2006. The Licensee
elected to demonstrate compliance with
the radiological criteria for unrestricted
release as specified in 10 CFR 20.1402
by developing derived concentration
guideline levels (DCGLs) for its Facility.
The Licensee conducted site-specific
dose modeling using input parameters
specific to the Facility and a
conservative assumption that all
residual radioactivity is in equilibrium.
Federal Guidance Report Number 13
was used to modify the dose conversion
factors because it is based on an
improved, more realistic dosimetry
model. The selected critical age group is
adults as the expected future use of this
facility will be industrial. Based on the
type of building, railroad distribution,
and truck access, there is no compelling
evidence to indicate that the building
will be used for anything other than
industrial activities. The Licensee thus
determined the maximum amount of
residual radioactivity on building
surfaces, equipment, materials, and soils
that will satisfy the NRC requirements
in Subpart E of 10 CFR Part 20 for
unrestricted release. The NRC
previously reviewed the Licensee’s
methodology and proposed DCGLs, and
concluded that the proposed DCGLs are
acceptable for use as release criteria at
the Facility. The NRC’s approval of the
Licensee’s proposed DCGLs was
published in the Federal Register on
Tuesday, August 22, 2006, Volume 71,
No. 162, pages 48952 and 48953. The
Licensee’s final status survey results
were below these DCGLs, and are thus
acceptable.
The NRC staff conducted a
confirmatory survey June 15–16, 2006.
None of the confirmatory sample results
exceeded the DCGLs established for the
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7479
Facility. 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
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 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 40.42(d),
requiring that decommissioning of
source 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 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
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Federal Register / Vol. 72, No. 31 / Thursday, February 15, 2007 / Notices
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 State
of New York’s Department of
Environmental Conservation for review
on December 27, 2006. On January 29,
2007, New York State responded by
electronic mail. 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.
ycherry on PROD1PC64 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.
1. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
2. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
3. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
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18:37 Feb 14, 2007
Jkt 211001
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities;’’
5. ‘‘Radiological Historical Site
Assessment Report, Defense National
Stockpile Center, Binghamton Deport,
Binghamton, NY’’ dated February 2006
[ML060730408];
6. ‘‘Final Status Survey Plan, DNSC,
Binghamton Depot, Binghamton, NY’’
dated February 2006 [ML060730389];
7. ‘‘Notice of Availability of
Environmental Assessment and Finding
of No Significant Impact for License
Amendment to Source Materials License
No. STC–133 Authorizing the Use of
Site-Specific Derived Concentration
Guideline Levels for Unrestricted
Release of the Defense Logistics Agency,
Defense Nuclear Supply Center Depot in
Binghamton, NY’’ published in the
Federal Register Volume 71, Number
162 on August 22, 2006, pages 48952
and 48953;
8. Defense Logistics Agency,
Submittal of Final Status Survey Report
for the Defense National Stockpile,
Binghamton, NY Depot dated October
16, 2006 [ML062970211];
9. Defense Logistics Agency,
Deficiency Response Letter dated
December 19, 2006 [ML063540612]; and
10. Defense Logistics Agency,
Deficiency Response Facsimilie dated
January 3, 2007 [ML070040099].
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 Region 1, 475 Allendale Road,
King of Prussia, this 5th day of February
2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region 1.
[FR Doc. E7–2641 Filed 2–14–07; 8:45 am]
Frm 00094
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Advisory Committee on Reactor
Safeguards (ACRS); Subcommittee
Meeting on Thermal-Hydraulic
Phenomena; Revised
The ACRS Subcommittee meeting on
Thermal-Hydraulic Phenomena
scheduled for Monday, February 26 and
Tuesday, February 27, 2007, 11545
Rockville Pike, Rockville, Maryland in
Room T–2B3 has been rescheduled for
a one day meeting on Tuesday, February
27, 2007. All other items pertaining to
this meeting remain the same as
published previously in the Federal
Register on Tuesday, January 30, 2007
(72 FR 4303).
For Future Information Contact: Mr.
Ralph Caruso, cognizant ACRS staff
engineer (Telephone: 301–415–8065)
between 7:30 a.m. and 4:15 p.m. (ET) or
by e-mail rxc@nrc.gov.
Dated: February 8, 2007.
David C. Fischer,
Acting Branch Chief, ACRS/ACNW.
[FR Doc. E7–2603 Filed 2–14–07; 8:45 am]
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Advisory Committee on Reactor
Safeguards (ACRS); Subcommittee
Meeting on Materials, Metallurgy, and
Reactor Fuels; Postponed
The ACRS Subcommittee meeting on
Materials, Metallurgy, and Reactor Fuels
scheduled to be held on February 22,
2007, Room T–2B3, 11545 Rockville
Pike, Rockville, Maryland has been
postponed. Notice of this meeting was
published on Wednesday, January 31,
2007 (72 FR 4537). Rescheduling of this
meeting will be announced in a future
Federal Register Notice.
For future information contact: Mr.
Ralph Caruso, cognizant ACRS staff
engineer (telephone 301/415–8065)
between 7:15 a.m. and 5 p.m. (ET) or by
e-mail rxc@nrc.gov.
Dated: February 8, 2007.
David C. Fischer,
Acting Branch Chief, ACRS/ACNW.
[FR Doc. E7–2620 Filed 2–14–07; 8:45 am]
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]]>Agencies
[Federal Register Volume 72, Number 31 (Thursday, February 15, 2007)]
[Notices]
[Pages 7478-7480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2641]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 04000341]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Source Materials License
No. STC-133, for Unrestricted Release of the Defense Logistics Agency's
Facility in Binghamton, New York
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of environmental assessment and finding of no
significant impact for license amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Dennis Lawyer, Health Physicist,
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region
I, 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 Source Materials License No. STC-
133. This license is held by Defense Logistics Agency (the Licensee),
for its Defense National Stockpile Center Binghamton Depot, located at
Hoyt Avenue in Binghamton, New York (the Facility). Issuance of the
amendment would
[[Page 7479]]
authorize release of the Facility for unrestricted use. The Licensee
requested this action in a letter dated October 16, 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 October 16, 2006,
license amendment request, resulting in release of the Facility for
unrestricted use. License No. STC-133 was issued on July 27, 1983,
pursuant to 10 CFR Part 40, and has been amended periodically since
that time. This license authorized the Licensee to use unsealed
byproduct material for purposes of storage, sampling, repackaging, and
transferring materials.
The Facility is situated on 57 acres of land and consists of
warehouse and office space. The Facility is located in a mixed
residential/industrial area. Within the Facility, use of licensed
materials was confined to the fire station and warehouses 8, 10, 11,
12, 13, and 14. The area of use totaled approximately 34,000 square
feet.
On December 10, 2004, 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 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 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: Natural uranium
and thorium. 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 a final status survey on November 7-10,
2005, June 15-23, 2006, July 4-6, 2006, and August 3 and 4, 2006. This
survey covered the areas of use as stated in the Final Status Survey
Plan, dated February 2006. The final status survey report was enclosed
with the Licensee's amendment request dated October 16, 2006, and an
additional information letter dated December 19, 2006. The Licensee
elected to demonstrate compliance with the radiological criteria for
unrestricted release as specified in 10 CFR 20.1402 by developing
derived concentration guideline levels (DCGLs) for its Facility. The
Licensee conducted site-specific dose modeling using input parameters
specific to the Facility and a conservative assumption that all
residual radioactivity is in equilibrium. Federal Guidance Report
Number 13 was used to modify the dose conversion factors because it is
based on an improved, more realistic dosimetry model. The selected
critical age group is adults as the expected future use of this
facility will be industrial. Based on the type of building, railroad
distribution, and truck access, there is no compelling evidence to
indicate that the building will be used for anything other than
industrial activities. The Licensee thus determined the maximum amount
of residual radioactivity on building surfaces, equipment, materials,
and soils that will satisfy the NRC requirements in Subpart E of 10 CFR
Part 20 for unrestricted release. The NRC previously reviewed the
Licensee's methodology and proposed DCGLs, and concluded that the
proposed DCGLs are acceptable for use as release criteria at the
Facility. The NRC's approval of the Licensee's proposed DCGLs was
published in the Federal Register on Tuesday, August 22, 2006, Volume
71, No. 162, pages 48952 and 48953. The Licensee's final status survey
results were below these DCGLs, and are thus acceptable.
The NRC staff conducted a confirmatory survey June 15-16, 2006.
None of the confirmatory sample results exceeded the DCGLs established
for the Facility. 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 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 40.42(d), requiring that decommissioning of
source 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 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
[[Page 7480]]
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 State
of New York's Department of Environmental Conservation for review on
December 27, 2006. On January 29, 2007, New York State responded by
electronic mail. 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.
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. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
2. Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
3. Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;''
4. NUREG-1496, ``Generic Environmental Impact Statement in Support
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities;''
5. ``Radiological Historical Site Assessment Report, Defense
National Stockpile Center, Binghamton Deport, Binghamton, NY'' dated
February 2006 [ML060730408];
6. ``Final Status Survey Plan, DNSC, Binghamton Depot, Binghamton,
NY'' dated February 2006 [ML060730389];
7. ``Notice of Availability of Environmental Assessment and Finding
of No Significant Impact for License Amendment to Source Materials
License No. STC-133 Authorizing the Use of Site-Specific Derived
Concentration Guideline Levels for Unrestricted Release of the Defense
Logistics Agency, Defense Nuclear Supply Center Depot in Binghamton,
NY'' published in the Federal Register Volume 71, Number 162 on August
22, 2006, pages 48952 and 48953;
8. Defense Logistics Agency, Submittal of Final Status Survey
Report for the Defense National Stockpile, Binghamton, NY Depot dated
October 16, 2006 [ML062970211];
9. Defense Logistics Agency, Deficiency Response Letter dated
December 19, 2006 [ML063540612]; and
10. Defense Logistics Agency, Deficiency Response Facsimilie dated
January 3, 2007 [ML070040099].
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 Region 1, 475 Allendale Road, King of Prussia, this 5th
day of February 2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region 1.
[FR Doc. E7-2641 Filed 2-14-07; 8:45 am]
BILLING CODE 7590-01-P
