Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. Sub-348, for the Unrestricted Release of the Department of the Army, U.S. Army Research, Development and Engineering Command, Armament Research, Development and Engineering Center, Building 318 Facility in Picatinny, NJ, 57602-57604 [E7-19948]
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rwilkins on PROD1PC63 with NOTICES
57602
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
4. Demonstrate that the issue raised in
the contention is material to the
findings that the NRC must make to
support the action that is involved in
the proceeding;
5. Provide a concise statement of the
alleged facts or expert opinions which
support the requester’s/petitioner’s
position on the issue and on which the
requester/petitioner intends to rely to
support its position on the issue; and
6. Provide sufficient information to
show that a genuine dispute exists with
the applicant on a material issue of law
or fact. This information must include
references to specific portions of the
application (including the applicant’s
environmental report and safety report)
that the requester/petitioner disputes
and the supporting reasons for each
dispute, or, if the requester/petitioner
believes the application fails to contain
information on a relevant matter as
required by law, the identification of
each failure and the supporting reasons
for the requester’s/petitioner’s belief.
In addition, in accordance with 10
CFR 2.309 (f)(2), contentions must be
based on documents or other
information available at the time the
petition is to be filed, such as the
application, supporting safety analysis
report, environmental report or other
supporting document filed by an
applicant or licensee, or otherwise
available to the petitioner. On issues
arising under the National
Environmental Policy Act, the
requester/petitioner shall file
contentions based on the applicant’s
environmental report. The requester/
petitioner may amend those contentions
or file new contentions if there are data
or conclusions in the NRC draft, or final
environmental impact statement,
environmental assessment, or any
supplements relating thereto, that differ
significantly from the data or
conclusions in the applicant’s
documents. Otherwise, contentions may
be amended or new contentions filed
after the initial filing only with leave of
the presiding officer.
Each contention shall be given a
separate numeric designation within
one of the following groups:
1. Technical—primarily concerns
issues relating to matters discussed or
referenced in the Safety Evaluation
Report for the proposed action.
2. Environmental—primarily concerns
issues relating to matters discussed or
referenced in the Environmental Report
for the proposed action.
3. Emergency Planning—primarily
concerns issues relating to matters
discussed or referenced in the
Emergency Plan as it relates to the
proposed action.
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17:08 Oct 09, 2007
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4. Physical Security—primarily
concerns issues relating to matters
discussed or referenced in the Physical
Security Plan as it relates to the
proposed action.
5. Miscellaneous—does not fall into
one of the categories outlined above.
If the requester/petitioner believes a
contention raises issues that cannot be
classified as primarily falling into one of
these categories, the requester/petitioner
must set forth the contention and
supporting bases, in full, separately for
each category into which the requester/
petitioner asserts the contention belongs
with a separate designation for that
category.
Requesters/petitioners should, when
possible, consult with each other in
preparing contentions and combine
similar subject matter concerns into a
joint contention, for which one of the
co-sponsoring requesters/petitioners is
designated the lead representative.
Further, in accordance with 10 CFR
2.309 (f)(3), any requester/petitioner that
wishes to adopt a contention proposed
by another requester/petitioner must do
so in writing within ten days of the date
the contention is filed, and designate a
representative who shall have the
authority to act for the requester/
petitioner.
In accordance with 10 CFR 2.309 (g),
a request for hearing and/or petition for
leave to intervene may also address the
selection of the hearing procedures,
taking into account the provisions of 10
CFR 2.310.
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 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 ADAMS accession
numbers for the documents related to
this notice are:
Radiological Characterization of the former
UNC Manufacturing Facility, New Haven,
CT, dated May 31, 2005 (ML051780083
and ML051780088)
Decommissioning Plan, Revision 1, dated
July 7, 2005 (ML051780091)
Final Status Survey Plan, dated October 4,
2006 (ML062910318)
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.
PO 00000
Frm 00090
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Sfmt 4703
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, Pennsylvania, this
2nd day of October 2007.
For the Nuclear Regulatory Commission.
Raymond Lorson,
Chief, Decommissioning Branch, Division of
Nuclear Materials Safety, Region I.
[FR Doc. E7–19951 Filed 10–9–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 040–06377]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Source Materials
License No. Sub-348, for the
Unrestricted Release of the
Department of the Army, U.S. Army
Research, Development and
Engineering Command, Armament
Research, Development and
Engineering Center, Building 318
Facility in Picatinny, NJ
Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
AGENCY:
FOR FURTHER INFORMATION CONTACT:
Betsy Ullrich, Commercial and R&D
Branch, Division of Nuclear Materials
Safety, Region I, 475 Allendale Road,
King of Prussia, PA 19406; telephone
(610) 337–5040; fax number (610) 337–
5269; or by e-mail: exu@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Source Materials License No. SUB–348.
This license is held by the Department
of the Army, U. S. Army Research,
Development and Engineering
Command (RDEC), Armament Research,
Development and Engineering Center
(ARDEC) (the Licensee), for its activities
at the Picatinny Arsenal, located in
Picatinny, New Jersey. Issuance of the
amendment would authorize release of
Building 318 for unrestricted use. The
Licensee requested this action in a letter
dated March 26, 2007. The NRC has
prepared an Environmental Assessment
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10OCN1
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
Licensee provided information to the
NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR Part 20
for unrestricted release, based on the
development of a site-specific criteria.
II. Environmental Assessment
rwilkins on PROD1PC63 with NOTICES
(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.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted in Building 318
shows that such activities involved use
only of depleted uranium, a
radionuclide with a half-life greater than
120 days. Prior to performing the final
status survey, the Licensee conducted
decontamination activities, as
necessary, in the areas of Building 318
affected by this radionuclide.
The Licensee conducted a final status
survey on August 10–11, 2002, of
Building 318. The final status survey
report was attached to the Licensee’s
amendment request dated March 26,
2007. The Licensee elected to
demonstrate compliance with the
radiological criteria for unrestricted
release as specified in 10 CFR 20.1402
by developing a derived concentration
guideline level (DCGL) for Building 318.
The Licensee conducted site-specific
dose modeling using input parameters
specific to Building 318 and assumed
the light industrial building could be
converted to a military residence. The
Licensee used RESRAD–BUILD, Version
3.22, using all default parameters
except: The removable fraction of
surface contamination was set to 0.1; the
source type selected was ‘‘area source’’;
and doses were evaluated at times of 0,
1, 2, 5, 10, 100, and 1,000 years. The
Licensee thus determined the maximum
amount of residual radioactivity on
building surfaces that will satisfy the
NRC requirements in Subpart E of 10
CFR Part 20 for unrestricted release
would be 2,413 disintegrations per
minute (dpm) per 100-squarecentimeters area (100 cm2). The NRC
reviewed the Licensee’s methodology
and proposed DCGL when they were
submitted with the March 26, 2007,
request for release of Building 318 for
unrestricted use. The NRC staff finds the
licensee’s proposed DCGL of 2,413
dpm/100 cm2 to be acceptable. The
Licensee’s final status survey results
were below this DCGL, and are thus
acceptable.
Based on its review, the staff has
determined that the affected
environment and any environmental
impacts associated with the proposed
Identification of Proposed Action
The proposed action would approve
the Licensee’s March 26, 2007, license
amendment request, resulting in release
of Building 318 for unrestricted use.
License No. SUB–348 was issued on
July 13, 1961, pursuant to 10 CFR Part
40, and has been amended periodically
since that time. This license authorized
the Licensee to use uranium and
thorium in any form for purposes of
conducting research and development
activities.
The Picatinny Arsenal is situated on
6,500 acres, and consists of residential,
industrial, office space, laboratories, and
specialized facilities. The Picatinny
Arsenal is located in a mixed residential
and commercial area. Building 318 was
one of several buildings where use of
licensed materials was performed under
the authority of RDEC/ARDEC, one of
the military tenants at Picatinny
Arsenal. Building 318 is a single-story,
brick, high-bay structure covering
approximately 3,900 square-feet in area,
of which an office occupies about 90
square-feet. The remaining area was
used for storage of equipment that was
contaminated with depleted uranium.
In the summer of 2002, the Licensee
ceased licensed activities within
Building 318 and initiated a survey and
decontamination of Building 318. Based
on the Licensee’s historical knowledge
of the site and the conditions of
Building 318, the Licensee determined
that only routine decontamination
activities, in accordance with their NRCapproved, operating radiation safety
procedures, were required. The Licensee
was not required to submit a
decommissioning plan to the NRC
because worker cleanup activities and
procedures are consistent with those
approved for routine operations. The
Licensee conducted surveys of Building
318 in August 2002 and initially
requested approval for its unrestricted
release in a letter dated October 8, 2002.
However, NRC staff noted in a letter
dated December 18, 2002, that the
Licensee used outdated release criteria
and did not approve release of Building
318 at that time. In March, 2007, the
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17:08 Oct 09, 2007
Jkt 214001
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities in Building 318, and
seeks the unrestricted use of Building
318.
PO 00000
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Fmt 4703
Sfmt 4703
57603
action are bounded by the impacts
evaluated by the ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG–
1496) Volumes 1–3 (ML042310492,
ML042320379, and ML042330385). The
staff finds there were no significant
environmental impacts from the use of
radioactive material in Building 318.
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 Building 318.
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 Building 318 for unrestricted
use is in compliance with 10 CFR
20.1402. Although the Licensee will
continue to perform licensed activities
at other parts of the Picatinny Arsenal,
the Licensee must ensure that this
decommissioned area does not become
recontaminated. Before the license can
be terminated, the Licensee will be
required to show that the entire facility,
including previously-released areas,
complies with the radiological criteria
in 10 CFR 20.1402. Based on its review,
the staff considered the impact of the
residual radioactivity in Building 318
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 Building 318 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
E:\FR\FM\10OCN1.SGM
10OCN1
57604
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
alternative is accordingly not further
considered.
Conclusion
The NRC staff has concluded that the
proposed action is consistent with the
NRC’s unrestricted release criteria
specified in 10 CFR 20.1402. Because
the proposed action will not
significantly impact the quality of the
human environment, the NRC staff
concludes that the proposed action is
the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the State
of New Jersey Department of
Environmental Protection (NJDEP) for
review on August 29, 2007. On
September 4, 2007, NJDEP responded by
letter. The State agreed with the
conclusions of the EA.
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.
rwilkins on PROD1PC63 with NOTICES
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.] Letter dated March 26, 2007 with
‘‘Derivation of a Site Specific DCGL for
the Remediation of TACOM–ARDEC
Picatinny Arsenal Building 318 and
VerDate Aug<31>2005
17:08 Oct 09, 2007
Jkt 214001
Evaluation of Final Survey Results,
October 2004’’ (ML070940607)
[2]. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
[3]. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
[4]. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
[5]. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities.’’
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at King of Prussia, Pennsylvania this
2nd day of October 2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E7–19948 Filed 10–9–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–35986]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 07–30728–01, for
Unrestricted Release of Incyte
Corporation’s Facility in Newark, DE
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.
PO 00000
Frm 00092
Fmt 4703
Sfmt 4703
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Byproduct Materials License No. 07–
30728–01. This license is held by Incyte
Corporation (the Licensee), for its Stine
Haskell Research Center, located at 1090
Elkton Road in Newark, Delaware (the
Facility). Issuance of the amendment
would authorize release of the Facility
for unrestricted use. The Licensee
requested this action in a letter dated
May 29, 2007, and responded to an
information request by letter dated July
26, 2007. 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 May 29, 2007, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. 07–30728–01 was issued on
May 20, 2002, pursuant to 10 CFR Part
30, and has been amended periodically
since that time. This license authorized
the Licensee to use unsealed byproduct
material for purposes of conducting
research and development activities
typically performed on laboratory bench
tops and in hoods. The proposed action
pertains only to the cessation of
licensed activities at the Facility. The
license authorizes use of licensed
material at other locations that will not
be affected by this action, and the
license will thus not be terminated if the
proposed action is approved.
The Facility is situated in Buildings
112 and 115, totaling 32,400 square feet,
and consists of general office space and
laboratories. The Facility is located in
an industrial area. Within the Facility,
use of licensed materials was confined
to Building 112, Laboratories 2, 28, and
37; and Building 115, Laboratories 83,
84, 85, 86, and 87. These laboratory
areas totaled 1,600 square feet.
In August 2003, the Licensee ceased
licensed activities at the Facility, and
initiated a survey and decontamination
of the Facility. Based on the Licensee’s
historical knowledge of the site and the
E:\FR\FM\10OCN1.SGM
10OCN1
]]>Agencies
[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57602-57604]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19948]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 040-06377]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Source Materials License
No. Sub-348, for the Unrestricted Release of the Department of the
Army, U.S. Army Research, Development and Engineering Command, Armament
Research, Development and Engineering Center, Building 318 Facility in
Picatinny, NJ
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, 475 Allendale
Road, King of Prussia, PA 19406; telephone (610) 337-5040; fax number
(610) 337-5269; or by e-mail: exu@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to Source Materials License No. SUB-
348. This license is held by the Department of the Army, U. S. Army
Research, Development and Engineering Command (RDEC), Armament
Research, Development and Engineering Center (ARDEC) (the Licensee),
for its activities at the Picatinny Arsenal, located in Picatinny, New
Jersey. Issuance of the amendment would authorize release of Building
318 for unrestricted use. The Licensee requested this action in a
letter dated March 26, 2007. The NRC has prepared an Environmental
Assessment
[[Page 57603]]
(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 March 26, 2007,
license amendment request, resulting in release of Building 318 for
unrestricted use. License No. SUB-348 was issued on July 13, 1961,
pursuant to 10 CFR Part 40, and has been amended periodically since
that time. This license authorized the Licensee to use uranium and
thorium in any form for purposes of conducting research and development
activities.
The Picatinny Arsenal is situated on 6,500 acres, and consists of
residential, industrial, office space, laboratories, and specialized
facilities. The Picatinny Arsenal is located in a mixed residential and
commercial area. Building 318 was one of several buildings where use of
licensed materials was performed under the authority of RDEC/ARDEC, one
of the military tenants at Picatinny Arsenal. Building 318 is a single-
story, brick, high-bay structure covering approximately 3,900 square-
feet in area, of which an office occupies about 90 square-feet. The
remaining area was used for storage of equipment that was contaminated
with depleted uranium.
In the summer of 2002, the Licensee ceased licensed activities
within Building 318 and initiated a survey and decontamination of
Building 318. Based on the Licensee's historical knowledge of the site
and the conditions of Building 318, 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 Building 318 in August 2002 and initially requested approval for its
unrestricted release in a letter dated October 8, 2002. However, NRC
staff noted in a letter dated December 18, 2002, that the Licensee used
outdated release criteria and did not approve release of Building 318
at that time. In March, 2007, the Licensee provided information to the
NRC to demonstrate that it meets the criteria in Subpart E of 10 CFR
Part 20 for unrestricted release, based on the development of a site-
specific criteria.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities in Building
318, and seeks the unrestricted use of Building 318.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted in Building
318 shows that such activities involved use only of depleted uranium, a
radionuclide with a half-life greater than 120 days. Prior to
performing the final status survey, the Licensee conducted
decontamination activities, as necessary, in the areas of Building 318
affected by this radionuclide.
The Licensee conducted a final status survey on August 10-11, 2002,
of Building 318. The final status survey report was attached to the
Licensee's amendment request dated March 26, 2007. The Licensee elected
to demonstrate compliance with the radiological criteria for
unrestricted release as specified in 10 CFR 20.1402 by developing a
derived concentration guideline level (DCGL) for Building 318. The
Licensee conducted site-specific dose modeling using input parameters
specific to Building 318 and assumed the light industrial building
could be converted to a military residence. The Licensee used RESRAD-
BUILD, Version 3.22, using all default parameters except: The removable
fraction of surface contamination was set to 0.1; the source type
selected was ``area source''; and doses were evaluated at times of 0,
1, 2, 5, 10, 100, and 1,000 years. The Licensee thus determined the
maximum amount of residual radioactivity on building surfaces that will
satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for
unrestricted release would be 2,413 disintegrations per minute (dpm)
per 100-square-centimeters area (100 cm\2\). The NRC reviewed the
Licensee's methodology and proposed DCGL when they were submitted with
the March 26, 2007, request for release of Building 318 for
unrestricted use. The NRC staff finds the licensee's proposed DCGL of
2,413 dpm/100 cm\2\ to be acceptable. The Licensee's final status
survey results were below this DCGL, and are thus acceptable.
Based on its review, the staff has determined that the affected
environment and any environmental impacts associated with the proposed
action are bounded by the impacts evaluated by the ``Generic
Environmental Impact Statement in Support of Rulemaking on Radiological
Criteria for License Termination of NRC-Licensed Nuclear Facilities''
(NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385).
The staff finds there were no significant environmental impacts from
the use of radioactive material in Building 318. 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 Building 318. 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 Building 318 for
unrestricted use is in compliance with 10 CFR 20.1402. Although the
Licensee will continue to perform licensed activities at other parts of
the Picatinny Arsenal, the Licensee must ensure that this
decommissioned area does not become recontaminated. Before the license
can be terminated, the Licensee will be required to show that the
entire facility, including previously-released areas, complies with the
radiological criteria in 10 CFR 20.1402. Based on its review, the staff
considered the impact of the residual radioactivity in Building 318 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 Building 318 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
[[Page 57604]]
alternative is accordingly not further considered.
Conclusion
The NRC staff has concluded that the proposed action is consistent
with the NRC's unrestricted release criteria specified in 10 CFR
20.1402. Because the proposed action will not significantly impact the
quality of the human environment, the NRC staff concludes that the
proposed action is the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this Environmental Assessment to the State
of New Jersey Department of Environmental Protection (NJDEP) for review
on August 29, 2007. On September 4, 2007, NJDEP responded by letter.
The State agreed with the conclusions of the EA.
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.] Letter dated March 26, 2007 with ``Derivation of a Site
Specific DCGL for the Remediation of TACOM-ARDEC Picatinny Arsenal
Building 318 and Evaluation of Final Survey Results, October 2004''
(ML070940607)
[2]. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
[3]. Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
[4]. Title 10, Code of Federal Regulations, Part 51,
``Environmental Protection Regulations for Domestic Licensing and
Related Regulatory Functions;''
[5]. NUREG-1496, ``Generic Environmental Impact Statement in
Support of Rulemaking on Radiological Criteria for License Termination
of NRC-Licensed Nuclear Facilities.''
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at King of Prussia, Pennsylvania this 2nd day of October
2007.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E7-19948 Filed 10-9-07; 8:45 am]
BILLING CODE 7590-01-P
