Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. SUC-1275, for Termination of the NRC License and Unrestricted Release of the Seneca Army Depot Activity Facility in Romulus, New York, 33252-33255 [E7-11570]
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Notices
behalf of sixty–one broadcast television
stations. These stations are listed below.
Any party that objects to another party’s
claim to specialty station status should
submit specific and factual comments as
to which station(s) he or she objects to,
and why. A final annotated list of
specialty stations including references
to any objections filed against a
particular station licensee’s claim will
be published in the Federal Register.
Copyright Office licensing examiners
shall refer to the final annotated list in
examining a statement of account where
a cable system operator claims specialty
station status for a particular station. If
a cable system operator claims specialty
station status for a station not on the
published final list, the examiner
determines whether the owner of the
station has filed an affidavit since
publication of the list. Affidavits
received after publication of the final
annotated list shall be kept on file in the
Licensing Division of the Copyright
Office. Any interested party may file an
objection to any such late–filed affidavit
and the objection shall be filed together
with the corresponding affidavit.
jlentini on PROD1PC65 with NOTICES
List of Specialty Stations: Call Letter
and Cities of License
KBLN, Grants Pass, OR
KAKW, Kileen, TX
KTFO–CA, Austin, TX
KDTV(TV), San Francisco, CA
KDTV–CA, Santa Rosa, CA
KFTV(TV), Hanford, CA
KMEX–TV, Los Angeles, CA
KNIC–TV, Blanco, TX
KTVW–TV, Phoenix, AZ
KTVW–CA, Flagstaff, AZ
KUTH(TV), Provo, UT
KUVE–TV, Green Valley, AZ
KUVE–CA, Tuscon, AZ
KUVN–TV, Garland, TX
KUVN–CA, Fort Worth, TX
KUVS–TV, Modesto, CA
KWEX–TV, San Antonio, TX
KXLN–TV, Rosenberg, TX
WGBO–TV, Joliet, IL
WFDC–TV, Arlington, VA
WLTV(TV), Miami, FL
WHQS–TV, Cleveland, OH
WUVG–TV, Athens, GA
WTNC–LP, Durham, NC
WUVC–TV, Fayetteville, NC
WUVP–TV, Vineland, NJ
WXTV(TV), Paterson, NJ
K48GX, Tuscon, AZ
KABE–LP, Bakersfield, CA
KFPH–TV, Flagstaff, AZ
KFPH–CA, Phoenix, AZ
KFSF–TV, Vallejo, CA
KFTH–TV, Alvin, TX
KFTR–TV, Ontatio, CA
KFTU–TV, Douglas, AZ
KFTU–CA, Tuscon, AZ
KSTR–TV, Irving, TX
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KTFD–TV, Boulder, CO
KTFF–TV, Portersville, CA
KTFF–LP, Fresno, CA
KTFK–TV, Stockton, CA
KTFQ–TV, Albuquerque, NM
WAMI–TV, Hollywood, FL
WFTT–TV, Tampa, FL
WFTY–TV, Smithtown, NY
WFUT–TV, Newark, NJ
WOTF–TV, Melbourne, FL
WUTF–TV, Marlborough, MA
WXFT–TV, Aurora, IL
WLII(TV), Caguas, Puerto Rico
WSUR–TV Ponce, Puerto Rico
KBTF–CA, Bakersfield, CA
KFTO–CA, San Antonio, TX
KNIC–CA, San Antonio, TX
KTFB–CA, Bakersfield, CA
WFPA–CA, Philadelphia, PA
K21GC, Safford, AZ
K45DX, Floresville, TX
KZOL–LP, Safford, AZ
K16FB, Globe, AZ
KDOS–LP, Globe, AZ
Dated: June 8, 2007
Tanya M. Sandros,
Acting General Counsel.
[FR Doc. E7–11595 Filed 6–14–07; 8:45 am]
BILLING CODE 1410–30–S
NATIONAL SCIENCE FOUNDATION
Proposal Review Panel for Ocean
Sciences; Notice of Meeting
In accordance with the Federal
Advisory Committee Act (Pub. L. 92–
463, as amended), the National Science
Foundation announces the following
meeting.
Name: Moorea Coral Reef Ecosystems
LTER Site Review (#10752).
Date & Time: July 8, 2007: 8 a.m.–12 p.m.
July 9, 2007: 8:30 a.m.–7 p.m. July 10, 2007:
8 a.m.–6 p.m.
Place: The University of California’s Gump
Laboratory, Moorea, French Polynesia.
Type of Meeting: Partially closed.
For Further Information Contact: Dr. Henry
Gholz, Division of Environmental Biology,
National Science Foundation, 4201 Wilson
Blvd., Arlington, VA 22230. Telephone (703)
292–8481.
Purpose of Meeting: Formal third-year
review of the Moorea Coral Reef Ecosystems
Long-Term Ecological Research project.
Agenda
Sunday 8 July 2007
8–12 NSF Briefing of the Review Team at
Hotel (closed).
Monday 9 July 2007 (at Gump Research
Station)
Project Introduction (open)
8:30–9 MCR Overview and Evolution/
Partnerships
Research Presentations (talks 15 min +
questions 5 min) (open)
9:15–11:50 Overview
PO 00000
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12:10–12:50 Lunch at Station
Field Trip 1–4:45 (closed)
Reception and Student Posters 5–6:45 (open)
Dinner locally 7:00 (open)
Review team separate working dinner
(closed)
Tuesday 10 July 2007
8:00–8:30 Review Team assemble at
Gump Lab
8:30–9:10 Research and other
presentations (open)
Education and Outreach (15 + 5) (open)
9:30–10:10 Discussion (open)
10:30 Break
Information Management (15+ 5) (open)
10:45–11:30 Discussion (open)
12:00–12:50 Lunch at Station: Meet with
Graduate Students (open)
1–4:15 Review Team Report Work
Session (closed)
4:30–5:55 Report-out by Review Team
(closed)
6:00 Adjourn
Reason for Closing: During closed sessions
the review will include information of a
confidential nature, including technical and
financial information. These matters are
exempt under 5 U.S.C. 552b(c), (4) and (6) of
the Government in The Sunshine Act.
Dated: June 12, 2007.
Susanne Bolton,
Committee Management Officer.
[FR Doc. E7–11556 Filed 6–14–07; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–08526]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. SUC–1275, for Termination
of the NRC License and Unrestricted
Release of the Seneca Army Depot
Activity Facility in Romulus, New York
Nuclear Regulatory
Commission.
AGENCY:
Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
ACTION:
FOR FURTHER INFORMATION CONTACT:
Betsy Ullrich, Commercial and R&D
Branch, Division of Nuclear Materials
Safety, Region I, U.S. Nuclear
Regulatory Commission, 475 Allendale
Road, King of Prussia, Pennsylvania
19406. Telephone: (610) 337–5040; fax
number: (610) 337–5269; e-mail:
exu@nrc.gov.
SUPPLEMENTARY INFORMATION:
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Notices
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Source Materials License No. SUC–
1275. This license is held by the
Department of the Army, Seneca Army
Depot Activity (the Licensee) for its
Seneca Army Depot located in Romulus,
New York (the Facility). Issuance of this
amendment would authorize release of
the Facility for unrestricted use and
termination of the NRC license. The
licensee requested this action in a letter
dated June 15, 2004.
The NRC has prepared an
Environmental Assessment (EA) in
support of this 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.
jlentini on PROD1PC65 with NOTICES
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s June 15, 2004, license
amendment request, resulting in the
termination of its NRC materials license
and release of the Facility for
unrestricted use. License No. SUC–1275
was issued on September 3, 1976,
pursuant to 10 CFR Part 40, and has
been amended periodically since that
time. This license authorized the
Licensee to use depleted uranium (DU)
for purposes of handling, on-site
transportation, inspection, storage and
demilitarization of DU cartridges. As a
Depot, this facility also stored military
commodities authorized under License
Nos. SUC–1380, SUB–834, and 45–
16023–01NA, most of which was in the
form DU commodities. One location was
used for storage of uranium and thorium
ores authorized by License No. STC–
133, and that location was
decommissioned in 1993. Records also
indicate that promethium-147
microspheres in military equipment,
authorized by License No. 12–00722–07,
were also stored in one location at the
Facility.
The Facility is situated on 10,587
acres and consists of ammunition
bunkers called ‘‘igloos’’, warehouses,
and support buildings located in a
sparsely populated farmland area.
Within the Facility, use of licensed
materials was confined to five buildings,
one warehouse, and 121 ammunition
bunkers.
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In September 1999, the Licensee
ceased licensed activities and initiated
preliminary decommissioning activities.
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. However,
because the possession and use of DU
had been authorized by its license, 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 proposed DCGLs were submitted in
their License Termination Plan dated
February 11, 2003. After the NRC
approved the License Termination Plan
in 2003, the license was amended to
authorize decommissioning activities
only. The Licensee conducted surveys
of the Facility and provided information
to the NRC to demonstrate that it met
the criteria in Subpart E of 10 CFR Part
20 for unrestricted release and for
license termination in a Termination
Report dated June 15, 2004. A
confirmatory survey was performed by
Oak Ridge Institute for Science and
Education (ORISE) in October 2006, to
verify the radiological status of the
Facility.
Need for the Proposed Action
The Licensee ceased conducting
licensed activities at the Facility, and
seeks the unrestricted use of its Facility
and the termination of its NRC materials
license. Termination of its license
would end the Licensee’s obligation to
pay annual license fees to the NRC.
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: Depleted
uranium (DU) and promethium-147 (Pr147). 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 from July through September
2002. The final status survey report was
attached to the Licensee’s amendment
request dated June 15, 2004. The
Licensee developed site-specific DCGL’s
to demonstrate compliance with the
radiological criteria for unrestricted
release, using a release criteria of 10
millirem per year, which is below the 25
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33253
millirem per year limit in 10 CFR
20.1402. The Licensee conducted sitespecific dose modeling using input
parameters specific to the Facility, using
the RESRAD code resident farmer
scenario and the RESRAD-Build
building occupancy scenario. 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
were acceptable for use as release
criteria at the Facility. The Licensee’s
final status survey results were below
these DCGLs, and are thus acceptable.
The NRC contracted with ORISE
which conducted confirmatory scanning
and dose rate surveys from October 30
to November 2, 2006. None of the
confirmatory survey 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 NRCLicensed Nuclear Facilities’’ (NUREG–
1496) Volumes 1–3 [ML042310492,
ML042320379, and ML042330385]. The
Licensee also considered and
appropriately accounted for the dose
contribution from previous site releases.
Accordingly, 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 found no other radiological or nonradiological 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 termination of the NRC
materials license is in compliance with
10 CFR 20.1402, including the impact of
residual radioactivity at previouslyreleased site locations of use. 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.
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Notices
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 and for license
termination. Additionally, this denial of
the application 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.
jlentini on PROD1PC65 with NOTICES
Conclusion
The NRC staff has concluded that the
proposed action complies 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 New
York State Department of
Environmental Conservation for review
on April 3, 2007. On May 2, 2007, New
York State Department of
Environmental Conservation responded
by e-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
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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 NRCLicensed Nuclear Facilities;’’
5. Inspection records and Licensing
documentation for License SUC–1275
with amendments;
6. Letter dated February 11, 2003,
with the Seneca Army Depot Activity
License Termination and License
Release Plan dated February 11, 2003
[ML030450373];
7. Letters dated April 3, 2003
[ML031010534], September 2, 2004
[ML042540117] and January 28, 2005
[ML050320064];
8. Letter dated June 15, 2004,
requesting termination [ML041810284]
with NRC License Termination Report
for Seneca Army Depot Activity,
Romulus, New York, dated June 30,
2004 [ML041810290 and
ML041810294];
9. Letter dated February 28, 2005
[ML050970152] with Summary Tables
[ML051050173], Retrospective Power
Curves [ML051050181, ML051050183,
ML051050184, ML051050185,
ML051050188, ML051050191,
ML051050195, ML051050197,
ML051050203, and ML051050205], and
Supplementary Information
Spreadsheets [ML051050208,
ML051050215, ML051050217,
PO 00000
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ML051050218, ML051050219,
ML051050220, ML051050231,
ML051050253, ML051050255,
ML051050305, ML051050307,
ML051050313, ML051050315,
ML051050317, ML051050318,
ML051050320, ML051050321,
ML051050322, ML051050324,
ML051050325, ML051050327,
ML051050329, ML051050331,
ML051050332, ML051050334,
ML051050335, ML051050339,
ML051050343, ML051050344,
ML051050346, ML051050347,
ML051050360, ML051050362,
ML051050363, ML051050364,
ML051050366, ML051050367,
ML051050370, ML051050373,
ML051050375, ML051050376,
ML051050378, ML051050379,
ML051050381, ML051050382,
ML051050386, ML051050388,
ML051050391, ML051050394,
ML051050396, ML051050398,
ML051050399, ML051050401,
ML051050402, ML051050405,
ML051050407, ML051050408,
ML051050409, ML051050410,
ML051050439, ML051050443,
ML051050445, ML051050446,
ML051050451, ML051050452,
ML051050453, ML051050454,
ML051050457, ML051050459,
ML051050460, ML051050462,
ML051050464, ML051050465,
ML051050466, ML051050468,
ML051050478, ML051050479,
ML051050511, ML051050512,
ML051050513, ML051050516,
ML051050517, ML051050519,
ML051050537, ML051050541,
ML051050542, ML051050544,
ML051050545, ML051050546,
ML051050547, ML051050551,
ML051050553, ML051050555,
ML051050557, ML051050559,
ML051050561, ML051050563,
ML051050564, ML051050565,
ML051080165, ML051080166,
ML051080171, ML051080175,
ML051080177, ML051080179,
ML051080181, ML051080196,
ML051080197, ML051080198,
ML051080212, ML051080227,
ML051080229, ML051080230,
ML051080239, ML051080240,
ML051080242, ML051080243,
ML051080244, ML051080245,
ML051080247, ML051080248,
ML051080249, ML051080252,
ML051080253, ML051080254,
ML051080255, ML051080256,
ML051080257, ML051080259,
ML051080260, ML051080261,
ML051080263, ML051080265,
ML051080268, ML051080271,
ML051080273, ML051080278,
ML051080280, ML051080282,
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jlentini on PROD1PC65 with NOTICES
ML051080284, ML051080286,
ML051080287, ML051080290,
ML051080293, ML051080296,
ML051080297, ML051080299,
ML051080300, ML051080301,
ML051080303, ML051080305,
ML051080306, ML051080309,
ML051080319, ML051080321,
ML051080323, ML051080325,
ML051080327, ML051080332,
ML051080335, ML051080337,
ML051080338, ML051080342,
ML051080343, ML051080345,
ML051080346, ML051080350,
ML051080352, ML051080355,
ML051080356, ML051080358,
ML051080359, ML051080360,
ML051080361, ML051080363,
ML051080365, ML051080367,
ML051080369, ML051080370,
ML051080372, ML051080374,
ML051080394, ML051080403,
ML051080404, ML051080405, and
ML051080408];
10. Letter dated October 5, 2005
[ML070300192];
11. Letter dated November 29, 2005
[ML053470250] with Addendum A,
Data Evaluation Using the Scenario A
Null Hypothesis, dated November 30,
2005 [ML053470337];
12. Oak Ridge Institute for Science
and Education (ORISE), Proposed
Confirmatory Survey Plan for the
Seneca Army Depot Activity (SEDA),
Romulus, New York, dated October 27,
2006 [ML070300233]; and
13. ORISE letter dated March 13, 2007
[ML070790088] with ORISE
Confirmatory Survey Results for the
Seneca Army Depot Activity (SEDA),
Romulus, New York, Final Report,
February 2007 [ML070790054];
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, PA, this day of
June 8th, 2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region 1.
[FR Doc. E7–11570 Filed 6–14–07; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
[EA–07–154; Docket No.: 52–006]
In the Matter of Westinghouse Electric
Company LLC and All Other Persons
Who Seek or Obtain Access to
Safeguards Information Described
Herein; Order Imposing Safeguards
Information Protection Requirements
and Fingerprinting and Criminal
History Records Check Requirements
for Access to Safeguards Information
(Effective Immediately)
I
Westinghouse Electric Company, LLC
(WEC), holds certificates for the AP600
and AP1000 reactor designs issued by
the U.S. Nuclear Regulatory
Commission (NRC) in accordance with
the Atomic Energy Act (AEA) of 1954,
as amended.
The Commission has decided to
require, through rulemaking, that
nuclear power plant designers perform
a rigorous assessment of design features
that could provide additional inherent
protection to avoid or mitigate the
effects of an aircraft impact, while
reducing or eliminating the need for
operator actions, where practicable. In
anticipation of this requirement, and to
assist designers in completing this
assessment, the Commission has
decided to provide the beyond design
basis, large commercial aircraft
characteristics specified by the
Commission to plant designers who
have the need to know and who meet
the NRC’s requirements for the
disclosure of such information. The
specified aircraft characteristics that are
the subject of this order are hereby
designated as Safeguards Information
(SGI),1 in accordance with Section 147
of the AEA. In addition, in a letter dated
May 17, 2007, WEC requested
authorization to have independent
control of SGI. To implement the
Commission’s decision to provide this
SGI to WEC, and in response to WEC’s
May 17 letter, the NRC is issuing this
order to WEC to impose requirements
for the protection of SGI, as well as for
the fingerprinting of all persons who
have or seek access to this SGI.
On August 8, 2005, the Energy Policy
Act of 2005 (EPAct) was enacted.
Section 652 of the EPAct amended
Section 149 of the AEA to require
fingerprinting and a Federal Bureau of
Investigation (FBI) identification and
criminal history records check of any
1 Safeguards Information is a form of sensitive,
unclassified, security-related information that the
Commission has the authority to designate and
protect under Section 147 of the AEA.
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33255
person who is to be permitted to have
access to SGI. The NRC’s
implementation of this requirement
cannot await the completion of the SGI
rulemaking, which is underway,
because the EPAct fingerprinting and
criminal history records check
requirements for access to SGI were
immediately effective upon enactment
of the EPAct. Therefore, in accordance
with Section 149 of the AEA, as
amended by the EPAct, the Commission
is imposing additional requirements for
access to SGI, as set forth by this Order,
so that Westinghouse can obtain and
grant access to SGI. This Order also
requires compliance with the safeguards
protection measures set forth in 10 CFR
73.21 and imposes requirements for
access to and protection of SGI by any
person,2 whether or not they are a
licensee, applicant, or certificate holder
of the Commission or an Agreement
State.
In order to implement this Order,
WEC must nominate an individual who
will review the results of the FBI
criminal history records check to make
SGI access determinations. This
individual, referred to as the ‘‘reviewing
official,’’ must be someone who seeks
access to SGI. Based on the results of the
FBI criminal history records check, the
NRC staff will determine whether this
individual may have access to SGI. If
the NRC determines that the individual
may not be granted access to SGI, the
enclosed Order prohibits that individual
from obtaining access to any SGI. Once
the NRC approves a reviewing official,
that reviewing official, and only that
reviewing official, can make SGI access
determinations for other individuals
who have been identified by WEC as
having a need-to-know SGI, and who
have been fingerprinted and have had a
criminal history records check in
accordance with this Order. The
reviewing official can only make SGI
access determinations for other
individuals, but cannot approve other
individuals to act as reviewing officials.
Only the NRC can approve a reviewing
official. Therefore, if a WEC wishes to
have a new or additional reviewing
official, the NRC must approve that
2 Person means (1) any individual, corporation,
partnership, firm, association, trust, estate, public
or private institution, group, government agency
other than the Commission or the Department of
Energy, except that the Department of Energy shall
be considered a person with respect to those
facilities of the Department of Energy specified in
Section 202 of the Energy Reorganization Act of
1974 (88 Stat. 1244), any State or any political
subdivision of, or any political entity within a State,
any foreign government or nation or any political
subdivision of any such government or nation, or
other entity; and (2) any legal successor,
representative, agent, or agency of the foregoing.
E:\FR\FM\15JNN1.SGM
15JNN1
]]>Agencies
[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Notices]
[Pages 33252-33255]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11570]
=======================================================================
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NUCLEAR REGULATORY COMMISSION
[Docket No. 040-08526]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. SUC-1275, for Termination of the NRC License and
Unrestricted Release of the Seneca Army Depot Activity Facility in
Romulus, New York
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Commercial and R&D
Branch, Division of Nuclear Materials Safety, Region I, U.S. Nuclear
Regulatory Commission, 475 Allendale Road, King of Prussia,
Pennsylvania 19406. Telephone: (610) 337-5040; fax number: (610) 337-
5269; e-mail: exu@nrc.gov.
SUPPLEMENTARY INFORMATION:
[[Page 33253]]
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to Source Materials License No. SUC-
1275. This license is held by the Department of the Army, Seneca Army
Depot Activity (the Licensee) for its Seneca Army Depot located in
Romulus, New York (the Facility). Issuance of this amendment would
authorize release of the Facility for unrestricted use and termination
of the NRC license. The licensee requested this action in a letter
dated June 15, 2004.
The NRC has prepared an Environmental Assessment (EA) in support of
this 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 June 15, 2004,
license amendment request, resulting in the termination of its NRC
materials license and release of the Facility for unrestricted use.
License No. SUC-1275 was issued on September 3, 1976, pursuant to 10
CFR Part 40, and has been amended periodically since that time. This
license authorized the Licensee to use depleted uranium (DU) for
purposes of handling, on-site transportation, inspection, storage and
demilitarization of DU cartridges. As a Depot, this facility also
stored military commodities authorized under License Nos. SUC-1380,
SUB-834, and 45-16023-01NA, most of which was in the form DU
commodities. One location was used for storage of uranium and thorium
ores authorized by License No. STC-133, and that location was
decommissioned in 1993. Records also indicate that promethium-147
microspheres in military equipment, authorized by License No. 12-00722-
07, were also stored in one location at the Facility.
The Facility is situated on 10,587 acres and consists of ammunition
bunkers called ``igloos'', warehouses, and support buildings located in
a sparsely populated farmland area. Within the Facility, use of
licensed materials was confined to five buildings, one warehouse, and
121 ammunition bunkers.
In September 1999, the Licensee ceased licensed activities and
initiated preliminary decommissioning activities. 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. However, because the possession and
use of DU had been authorized by its license, 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 proposed
DCGLs were submitted in their License Termination Plan dated February
11, 2003. After the NRC approved the License Termination Plan in 2003,
the license was amended to authorize decommissioning activities only.
The Licensee conducted surveys of the Facility and provided information
to the NRC to demonstrate that it met the criteria in Subpart E of 10
CFR Part 20 for unrestricted release and for license termination in a
Termination Report dated June 15, 2004. A confirmatory survey was
performed by Oak Ridge Institute for Science and Education (ORISE) in
October 2006, to verify the radiological status of the Facility.
Need for the Proposed Action
The Licensee ceased conducting licensed activities at the Facility,
and seeks the unrestricted use of its Facility and the termination of
its NRC materials license. Termination of its license would end the
Licensee's obligation to pay annual license fees to the NRC.
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: Depleted uranium
(DU) and promethium-147 (Pr-147). 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 from July through
September 2002. The final status survey report was attached to the
Licensee's amendment request dated June 15, 2004. The Licensee
developed site-specific DCGL's to demonstrate compliance with the
radiological criteria for unrestricted release, using a release
criteria of 10 millirem per year, which is below the 25 millirem per
year limit in 10 CFR 20.1402. The Licensee conducted site-specific dose
modeling using input parameters specific to the Facility, using the
RESRAD code resident farmer scenario and the RESRAD-Build building
occupancy scenario. 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 were acceptable for use as release criteria at the
Facility. The Licensee's final status survey results were below these
DCGLs, and are thus acceptable.
The NRC contracted with ORISE which conducted confirmatory scanning
and dose rate surveys from October 30 to November 2, 2006. None of the
confirmatory survey 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 Licensee also considered and appropriately accounted for the dose
contribution from previous site releases. Accordingly, 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
found 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 termination of the NRC materials license is in
compliance with 10 CFR 20.1402, including the impact of residual
radioactivity at previously-released site locations of use. 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.
[[Page 33254]]
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 and for license termination.
Additionally, this denial of the application 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 complies 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 New
York State Department of Environmental Conservation for review on April
3, 2007. On May 2, 2007, New York State Department of Environmental
Conservation responded by e-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. Inspection records and Licensing documentation for License SUC-
1275 with amendments;
6. Letter dated February 11, 2003, with the Seneca Army Depot
Activity License Termination and License Release Plan dated February
11, 2003 [ML030450373];
7. Letters dated April 3, 2003 [ML031010534], September 2, 2004
[ML042540117] and January 28, 2005 [ML050320064];
8. Letter dated June 15, 2004, requesting termination [ML041810284]
with NRC License Termination Report for Seneca Army Depot Activity,
Romulus, New York, dated June 30, 2004 [ML041810290 and ML041810294];
9. Letter dated February 28, 2005 [ML050970152] with Summary Tables
[ML051050173], Retrospective Power Curves [ML051050181, ML051050183,
ML051050184, ML051050185, ML051050188, ML051050191, ML051050195,
ML051050197, ML051050203, and ML051050205], and Supplementary
Information Spreadsheets [ML051050208, ML051050215, ML051050217,
ML051050218, ML051050219, ML051050220, ML051050231, ML051050253,
ML051050255, ML051050305, ML051050307, ML051050313, ML051050315,
ML051050317, ML051050318, ML051050320, ML051050321, ML051050322,
ML051050324, ML051050325, ML051050327, ML051050329, ML051050331,
ML051050332, ML051050334, ML051050335, ML051050339, ML051050343,
ML051050344, ML051050346, ML051050347, ML051050360, ML051050362,
ML051050363, ML051050364, ML051050366, ML051050367, ML051050370,
ML051050373, ML051050375, ML051050376, ML051050378, ML051050379,
ML051050381, ML051050382, ML051050386, ML051050388, ML051050391,
ML051050394, ML051050396, ML051050398, ML051050399, ML051050401,
ML051050402, ML051050405, ML051050407, ML051050408, ML051050409,
ML051050410, ML051050439, ML051050443, ML051050445, ML051050446,
ML051050451, ML051050452, ML051050453, ML051050454, ML051050457,
ML051050459, ML051050460, ML051050462, ML051050464, ML051050465,
ML051050466, ML051050468, ML051050478, ML051050479, ML051050511,
ML051050512, ML051050513, ML051050516, ML051050517, ML051050519,
ML051050537, ML051050541, ML051050542, ML051050544, ML051050545,
ML051050546, ML051050547, ML051050551, ML051050553, ML051050555,
ML051050557, ML051050559, ML051050561, ML051050563, ML051050564,
ML051050565, ML051080165, ML051080166, ML051080171, ML051080175,
ML051080177, ML051080179, ML051080181, ML051080196, ML051080197,
ML051080198, ML051080212, ML051080227, ML051080229, ML051080230,
ML051080239, ML051080240, ML051080242, ML051080243, ML051080244,
ML051080245, ML051080247, ML051080248, ML051080249, ML051080252,
ML051080253, ML051080254, ML051080255, ML051080256, ML051080257,
ML051080259, ML051080260, ML051080261, ML051080263, ML051080265,
ML051080268, ML051080271, ML051080273, ML051080278, ML051080280,
ML051080282,
[[Page 33255]]
ML051080284, ML051080286, ML051080287, ML051080290, ML051080293,
ML051080296, ML051080297, ML051080299, ML051080300, ML051080301,
ML051080303, ML051080305, ML051080306, ML051080309, ML051080319,
ML051080321, ML051080323, ML051080325, ML051080327, ML051080332,
ML051080335, ML051080337, ML051080338, ML051080342, ML051080343,
ML051080345, ML051080346, ML051080350, ML051080352, ML051080355,
ML051080356, ML051080358, ML051080359, ML051080360, ML051080361,
ML051080363, ML051080365, ML051080367, ML051080369, ML051080370,
ML051080372, ML051080374, ML051080394, ML051080403, ML051080404,
ML051080405, and ML051080408];
10. Letter dated October 5, 2005 [ML070300192];
11. Letter dated November 29, 2005 [ML053470250] with Addendum A,
Data Evaluation Using the Scenario A Null Hypothesis, dated November
30, 2005 [ML053470337];
12. Oak Ridge Institute for Science and Education (ORISE), Proposed
Confirmatory Survey Plan for the Seneca Army Depot Activity (SEDA),
Romulus, New York, dated October 27, 2006 [ML070300233]; and
13. ORISE letter dated March 13, 2007 [ML070790088] with ORISE
Confirmatory Survey Results for the Seneca Army Depot Activity (SEDA),
Romulus, New York, Final Report, February 2007 [ML070790054];
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, PA, this day of June 8th, 2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region 1.
[FR Doc. E7-11570 Filed 6-14-07; 8:45 am]
BILLING CODE 7590-01-P
