Notice of Environmental Assessment Related to the Issuance of a License Amendment to Byproduct Material License No. 24-15595-01, for Unrestricted Release of a Former Facility for Aptuit, Inc., Kansas City, MO, 38629-38630 [E7-13685]

Download as PDF pwalker on PROD1PC71 with NOTICES Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Notices Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene, and have the opportunity to participate fully in the conduct of the hearing. If a hearing is requested, the Commission will make a final determination on the issue of no significant hazards consideration. The final determination will serve to decide when the hearing is held. If the final determination is that the amendment request involves no significant hazards consideration, the Commission may issue the amendment and make it immediately effective, notwithstanding the request for a hearing. Any hearing held would take place after issuance of the amendment. If the final determination is that the amendment request involves a significant hazards consideration, any hearing held would take place before the issuance of any amendment. Nontimely requests and/or petitions and contentions will not be entertained absent a determination by the Commission or the presiding officer of the Atomic Safety and Licensing Board that the petition, request and/or the contentions should be granted based on a balancing of the factors specified in 10 CFR 2.309(c)(1)(i)–(viii). A request for a hearing or a petition for leave to intervene must be filed by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, Attention: Rulemaking and Adjudications Staff; (2) courier, express mail, and expedited delivery services: Office of the Secretary, Sixteenth Floor, One White Flint North, 11555 Rockville Pike, Rockville, Maryland, 20852, Attention: Rulemaking and Adjudications Staff; (3) E-mail addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, HEARINGDOCKET@NRC.GOV; or (4) facsimile transmission addressed to the Office of the Secretary, U.S. Nuclear Regulatory Commission, Washington, DC, Attention: Rulemakings and Adjudications Staff at (301) 415–1101, verification number is (301) 415–1966. A copy of the request for hearing and petition for leave to intervene should also be sent to the Office of the General Counsel, U.S. Nuclear Regulatory Commission, Washington, DC 20555– 0001, and it is requested that copies be transmitted either by means of facsimile transmission to 301–415–3725 or by email to OGCMailCenter@nrc.gov. A copy of the request for hearing and petition for leave to intervene should also be sent to the General Counsel, Tennessee VerDate Aug<31>2005 19:05 Jul 12, 2007 Jkt 211001 Valley Authority, 400 West Summit Hill Drive, ET 11A, Knoxville, Tennessee 37902. For further details with respect to this action, see the application for amendment dated June 25, 2007, and supplemental letter dated July 3, 2007, which are available for public inspection at the Commission’s PDR, located at One White Flint North, File Public Area O1–F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available records will be accessible from the Agencywide Documents Access and Management System’s (ADAMS) Public Electronic Reading Room on the Internet at the NRC Web site, http://www.nrc.gov/ reading-rm/adams.html. Persons who do not have access to ADAMS or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR Reference staff by telephone at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. Dated at Rockville, Maryland, this 9th day of July 2007. For the Nuclear Regulatory Commission. Eva A. Brown, Project Manager, Plant Licensing Branch II– 2, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation. [FR Doc. E7–13611 Filed 7–12–07; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–09415] Notice of Environmental Assessment Related to the Issuance of a License Amendment to Byproduct Material License No. 24–15595–01, for Unrestricted Release of a Former Facility for Aptuit, Inc., Kansas City, MO Nuclear Regulatory Commission. ACTION: Issuance of environmental assessment and finding of no significant impact for license amendment. AGENCY: FOR FURTHER INFORMATION CONTACT: Peter J. Lee, Ph.D., CHP, Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone: (630) 829–9870; fax number: (630) 515–1259; or by e-mail at pjl2@nrc.gov. SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of an amendment to NRC Byproduct Materials License No. 24–15595–01, which is held PO 00000 Frm 00080 Fmt 4703 Sfmt 4703 38629 by Aptuit, Inc. (licensee). The amendment would authorize the unrestricted release of the licensee’s Building L, which is located at 10245 Hickman Mills Drive, Kansas City, Missouri (the facility). The licensee ceased all use of licensed radioactive materials in the facility. The licensee will continue using licensed materials in other facilities under its license. The NRC has prepared an Environmental Assessment in support of this action in accordance with the requirements of 10 CFR Part 51. Based on the Environmental Assessment, the NRC has determined that a Finding of No Significant Impact is appropriate. The amendment to Aptuit, Inc.’s license will be issued following the publication of this Environmental Assessment and Finding of No Significant Impact. I. Environmental Assessment Identification of Proposed Action The proposed action would approve Aptuit, Inc.’s request to amend its license and release the facility for unrestricted use in accordance with 10 CFR part 20, Subpart E. The proposed action is in accordance with Aptuit, Inc.’s request to the U.S. Nuclear Regulatory Commission (NRC) to amend its NRC Byproduct Material License by letters dated January 5, 2007 (ADAMS Accession No. ML070080417), and May 2, 2007 (ADAMS Accession No. ML071230265). Aptuit, Inc. was first licensed to use byproduct materials on May 23, 1973. The licensee is authorized to use byproduct materials for research and development as defined in 10 CFR 30.4. The primary isotopes used in the facility were hydrogen-3 and carbon-14. On October 1, 2006, Aptuit, Inc. completed removal of licensed radioactive material from the facility. The licensee conducted surveys of the facility and provided this information to the NRC to demonstrate that the radiological condition of the facility is consistent with radiological criteria for unrestricted use in 10 CFR part 20, subpart E. No radiological remediation activities are required to complete the proposed action. Need for the Proposed Action The licensee is requesting this license amendment because it has discontinued licensed activities in the facility. The NRC is fulfilling its responsibilities under the Atomic Energy Act to make a decision on the proposed action for decommissioning that ensures that residual radioactivity is reduced to a level that is protective of the public health and safety and the environment, E:\FR\FM\13JYN1.SGM 13JYN1 38630 Federal Register / Vol. 72, No. 134 / Friday, July 13, 2007 / Notices and allows the facility to be released for unrestricted use. concludes that the proposed action is the preferred alternative. Environmental Impacts of the Proposed Action The NRC staff reviewed the information provided and surveys performed by the licensee to demonstrate that the release of the facility is consistent with the radiological criteria for unrestricted use specified in 10 CFR 20.1402. Based on its review, the staff determined that there were no radiological impacts associated with the proposed action because no radiological remediation activities were required to complete the proposed action, and that the radiological criteria for unrestricted use in § 20.1402 have been met. Based on its review, the staff determined that the radiological environmental impacts from the proposed action for the Building L facility are bounded by the ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG– 1496). Additionally, no non-radiological or cumulative impacts were identified. Therefore, the NRC has determined that the proposed action will not have a significant effect on the quality of the human environment. Agencies and Persons Consulted The NRC staff has determined that the proposed action will not affect listed species or critical habitats. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. Likewise, the NRC staff has determined that the proposed action is not a type of activity that has potential to cause effect on historic properties. Therefore, consultation under Section 106 of the National Historic Preservation Act is not required. The NRC consulted with Mr. Keith Henke, Planner, Division of Community and Public Health, Office of Emergency Coordination, Department of Health and Senior Services. Mr. Henke was provided the draft EA for comment on June 27, 2007. Mr. Henke responded to the NRC by e-mail on July 2, 2007, indicating that the State had no additional comments for the Aptiut, Inc. NRC Environmental Assessment for the release of the licensee’s Building L. pwalker on PROD1PC71 with NOTICES Alternatives to the Proposed Action The only alternative to the proposed action is to take no action. Under the no-action alternative, the licensee’s facility would remain under an NRC license and would not be released for unrestricted use. Denial of the license amendment request would result in no change to current conditions at the Building L facility. The no-action alternative is not acceptable because it is inconsistent with 10 CFR 30.36, which requires licensees who have ceased licensed activities in a particular building to begin decommissioning activities or submit a decommissioning plan, which upon approval, will be used to conduct decommissioning activities. This alternative would impose an unnecessary regulatory burden in controlling access to the former Building L facility, and limit potential benefits from the future use of the facility. Conclusion The NRC staff 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 VerDate Aug<31>2005 19:05 Jul 12, 2007 Jkt 211001 II. Finding of No Significant Impact On the basis of the EA in support of the proposed license amendment to release the facility for unrestricted use, the NRC has determined that the proposed action will not have a significant effect on the quality of the human environment. Thus, the NRC has not prepared an environmental impact statement for the proposed action. III. Further Information Documents related to this action, including the application for amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at: http://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. 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. The documents and ADAMS accession numbers related to this notice are: 1. Pam Barton, Aptuit, Inc., letter to Kevin Null, U.S. Nuclear Regulatory Commission, January 5, 2007 (ADAMS Accession No. ML070080417). 2. Pam Barton, Aptuit, Inc., letter to Mike McCann, U.S. Nuclear Regulatory Commission, May 2, 2007 PO 00000 Frm 00081 Fmt 4703 Sfmt 4703 (ADAMS Accession No. ML071230265). 3. U.S. Nuclear Regulatory Commission, ‘‘Environmental Review Guidance for Licensing Actions Associated with NMSS Programs,’’ NUREG–1748, August 2003. 4. U.S. Nuclear Regulatory Commission, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC-Licensed Nuclear Facilities,’’ NUREG–1496, August 1994. 5. NRC, NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance,’’ Volumes 1–3, September 2003. 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 Lisle, Illinois, this 3rd day of July 2007. For the Nuclear Regulatory Commission. Patrick L. Louden, Chief, Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E7–13685 Filed 7–12–07; 8:45 am] BILLING CODE 7590–01–P OFFICE OF MANAGEMENT AND BUDGET Public Availability of Fiscal Year 2006 Agency Inventories Under the Federal Activities Inventory Reform Act Office of Management and Budget, Executive Office of the President. ACTION: Notice of Public Availability of Agency Inventory of Activities That Are Not Inherently Governmental and of Activities That Are Inherently Governmental. AGENCY: SUMMARY: The Federal Activities Inventory Reform (FAIR) Act, Public Law 105–270, requires agencies to develop inventories each year of activities performed by their employees that are not inherently governmental— i.e., inventories of commercial activities. The FAIR Act further requires OMB to review the inventories in consultation with the agencies and publish a notice of public availability in the Federal Register after the consultation process is completed. In accordance with the FAIR Act, OMB is publishing this notice to announce the availability of inventories from the agencies listed below. These inventories identify both commercial activities and activities that are inherently governmental. E:\FR\FM\13JYN1.SGM 13JYN1

Agencies

[Federal Register Volume 72, Number 134 (Friday, July 13, 2007)]
[Notices]
[Pages 38629-38630]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-13685]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-09415]


Notice of Environmental Assessment Related to the Issuance of a 
License Amendment to Byproduct Material License No. 24-15595-01, for 
Unrestricted Release of a Former Facility for Aptuit, Inc., Kansas 
City, MO

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of environmental assessment and finding of no 
significant impact for license amendment.

-----------------------------------------------------------------------

FOR FURTHER INFORMATION CONTACT: Peter J. Lee, Ph.D., CHP, Health 
Physicist, Decommissioning Branch, Division of Nuclear Materials 
Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 
Warrenville Road, Lisle, Illinois 60532; telephone: (630) 829-9870; fax 
number: (630) 515-1259; or by e-mail at pjl2@nrc.gov.

SUPPLEMENTARY INFORMATION: The U.S. Nuclear Regulatory Commission (NRC) 
is considering the issuance of an amendment to NRC Byproduct Materials 
License No. 24-15595-01, which is held by Aptuit, Inc. (licensee). The 
amendment would authorize the unrestricted release of the licensee's 
Building L, which is located at 10245 Hickman Mills Drive, Kansas City, 
Missouri (the facility). The licensee ceased all use of licensed 
radioactive materials in the facility. The licensee will continue using 
licensed materials in other facilities under its license. The NRC has 
prepared an Environmental Assessment in support of this action in 
accordance with the requirements of 10 CFR Part 51. Based on the 
Environmental Assessment, the NRC has determined that a Finding of No 
Significant Impact is appropriate. The amendment to Aptuit, Inc.'s 
license will be issued following the publication of this Environmental 
Assessment and Finding of No Significant Impact.

I. Environmental Assessment

Identification of Proposed Action

    The proposed action would approve Aptuit, Inc.'s request to amend 
its license and release the facility for unrestricted use in accordance 
with 10 CFR part 20, Subpart E. The proposed action is in accordance 
with Aptuit, Inc.'s request to the U.S. Nuclear Regulatory Commission 
(NRC) to amend its NRC Byproduct Material License by letters dated 
January 5, 2007 (ADAMS Accession No. ML070080417), and May 2, 2007 
(ADAMS Accession No. ML071230265). Aptuit, Inc. was first licensed to 
use byproduct materials on May 23, 1973. The licensee is authorized to 
use byproduct materials for research and development as defined in 10 
CFR 30.4. The primary isotopes used in the facility were hydrogen-3 and 
carbon-14. On October 1, 2006, Aptuit, Inc. completed removal of 
licensed radioactive material from the facility.
    The licensee conducted surveys of the facility and provided this 
information to the NRC to demonstrate that the radiological condition 
of the facility is consistent with radiological criteria for 
unrestricted use in 10 CFR part 20, subpart E. No radiological 
remediation activities are required to complete the proposed action.

Need for the Proposed Action

    The licensee is requesting this license amendment because it has 
discontinued licensed activities in the facility. The NRC is fulfilling 
its responsibilities under the Atomic Energy Act to make a decision on 
the proposed action for decommissioning that ensures that residual 
radioactivity is reduced to a level that is protective of the public 
health and safety and the environment,

[[Page 38630]]

and allows the facility to be released for unrestricted use.

Environmental Impacts of the Proposed Action

    The NRC staff reviewed the information provided and surveys 
performed by the licensee to demonstrate that the release of the 
facility is consistent with the radiological criteria for unrestricted 
use specified in 10 CFR 20.1402. Based on its review, the staff 
determined that there were no radiological impacts associated with the 
proposed action because no radiological remediation activities were 
required to complete the proposed action, and that the radiological 
criteria for unrestricted use in Sec.  20.1402 have been met.
    Based on its review, the staff determined that the radiological 
environmental impacts from the proposed action for the Building L 
facility are bounded by the ``Generic Environmental Impact Statement in 
Support of Rulemaking on Radiological Criteria for License Termination 
of NRC-Licensed Nuclear Facilities'' (NUREG-1496). Additionally, no 
non-radiological or cumulative impacts were identified. Therefore, the 
NRC has determined that the proposed action will not have a significant 
effect on the quality of the human environment.

Alternatives to the Proposed Action

    The only alternative to the proposed action is to take no action. 
Under the no-action alternative, the licensee's facility would remain 
under an NRC license and would not be released for unrestricted use. 
Denial of the license amendment request would result in no change to 
current conditions at the Building L facility. The no-action 
alternative is not acceptable because it is inconsistent with 10 CFR 
30.36, which requires licensees who have ceased licensed activities in 
a particular building to begin decommissioning activities or submit a 
decommissioning plan, which upon approval, will be used to conduct 
decommissioning activities. This alternative would impose an 
unnecessary regulatory burden in controlling access to the former 
Building L facility, and limit potential benefits from the future use 
of the facility.

Conclusion

    The NRC staff 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

    The NRC staff has determined that the proposed action will not 
affect listed species or critical habitats. Therefore, no further 
consultation is required under Section 7 of the Endangered Species Act. 
Likewise, the NRC staff has determined that the proposed action is not 
a type of activity that has potential to cause effect on historic 
properties. Therefore, consultation under Section 106 of the National 
Historic Preservation Act is not required.
    The NRC consulted with Mr. Keith Henke, Planner, Division of 
Community and Public Health, Office of Emergency Coordination, 
Department of Health and Senior Services. Mr. Henke was provided the 
draft EA for comment on June 27, 2007. Mr. Henke responded to the NRC 
by e-mail on July 2, 2007, indicating that the State had no additional 
comments for the Aptiut, Inc. NRC Environmental Assessment for the 
release of the licensee's Building L.

II. Finding of No Significant Impact

    On the basis of the EA in support of the proposed license amendment 
to release the facility for unrestricted use, the NRC has determined 
that the proposed action will not have a significant effect on the 
quality of the human environment. Thus, the NRC has not prepared an 
environmental impact statement for the proposed action.

III. Further Information

    Documents related to this action, including the application for 
amendment and supporting documentation, are available electronically at 
the NRC's Electronic Reading Room at: http://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. 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. The documents 
and ADAMS accession numbers related to this notice are:

1. Pam Barton, Aptuit, Inc., letter to Kevin Null, U.S. Nuclear 
Regulatory Commission, January 5, 2007 (ADAMS Accession No. 
ML070080417).
2. Pam Barton, Aptuit, Inc., letter to Mike McCann, U.S. Nuclear 
Regulatory Commission, May 2, 2007 (ADAMS Accession No. ML071230265).
3. U.S. Nuclear Regulatory Commission, ``Environmental Review Guidance 
for Licensing Actions Associated with NMSS Programs,'' NUREG-1748, 
August 2003.
4. U.S. Nuclear Regulatory Commission, ``Generic Environmental Impact 
Statement in Support of Rulemaking on Radiological Criteria for License 
Termination of NRC-Licensed Nuclear Facilities,'' NUREG-1496, August 
1994.
5. NRC, NUREG-1757, ``Consolidated NMSS Decommissioning Guidance,'' 
Volumes 1-3, September 2003.

    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 Lisle, Illinois, this 3rd day of July 2007.

    For the Nuclear Regulatory Commission.
Patrick L. Louden,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety, 
Region III.
[FR Doc. E7-13685 Filed 7-12-07; 8:45 am]
BILLING CODE 7590-01-P