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, 57604-57606 [E7-19957]
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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
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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.
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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
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
conditions of the Facility, the Licensee
determined that only routine
decontamination activities, in
accordance with their NRC-approved,
operating radiation safety procedures,
were required. The Licensee was not
required to submit a decommissioning
plan to the NRC because worker cleanup
activities and procedures are consistent
with those approved for routine
operations. The Licensee conducted
surveys of the Facility and provided
information to the NRC to demonstrate
that it meets the criteria in Subpart E of
10 CFR Part 20 for unrestricted release.
rwilkins on PROD1PC63 with NOTICES
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities at the Facility, and
seeks the unrestricted use of its Facility.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days: Hydrogen3 and carbon-14. Prior to performing the
final status survey, the Licensee
conducted decontamination activities,
as necessary, in the areas of the Facility
affected by these radionuclides.
The Licensee conducted a final status
survey during August and September
2003 but delayed making a final
decision about whether or not to resume
licensed activities there. The final status
survey report was attached to the
Licensee’s amendment request dated
May 29, 2007. The Licensee elected to
demonstrate compliance with the
radiological criteria for unrestricted
release as specified in 10 CFR 20.1402
by using the screening approach
described in NUREG–1757,
‘‘Consolidated NMSS Decommissioning
Guidance,’’ Volume 2. The Licensee
used the radionuclide-specific derived
concentration guideline levels (DCGLs),
developed there by the NRC, which
comply with the dose criterion in 10
CFR 20.1402. These DCGLs define the
maximum amount of residual
radioactivity on building surfaces,
equipment, and materials, that will
satisfy the NRC requirements in Subpart
E of 10 CFR Part 20 for unrestricted
release. The Licensee’s final status
survey results were below these DCGLs
and are in compliance with the As Low
As Reasonably Achievable (ALARA)
requirement of 10 CFR 20.1402. The
NRC thus finds that the Licensee’s final
status survey results are acceptable.
Based on its review, the staff has
determined that the affected
environment and any environmental
impacts associated with the proposed
VerDate Aug<31>2005
17:08 Oct 09, 2007
Jkt 214001
action are bounded by the impacts
evaluated by the ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG–
1496) Volumes 1–3 (ML042310492,
ML042320379, and ML042330385). The
staff finds there were no significant
environmental impacts from the use of
radioactive material at the Facility. The
NRC staff reviewed the docket file
records and the final status survey
report to identify any non-radiological
hazards that may have impacted the
environment surrounding the Facility.
No such hazards or impacts to the
environment were identified. The NRC
has identified no other radiological or
non-radiological activities in the area
that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
release of the Facility for unrestricted
use is in compliance with 10 CFR
20.1402. Based on its review, the staff
considered the impact of the residual
radioactivity at the Facility and
concluded that the proposed action will
not have a significant effect on the
quality of the human environment.
Environmental Impacts of the
Alternatives to the Proposed Action
Due to the largely administrative
nature of the proposed action, its
environmental impacts are small.
Therefore, the only alternative the staff
considered is the no-action alternative,
under which the staff would leave
things as they are by simply denying the
amendment request. This no-action
alternative is not feasible because it
conflicts with 10 CFR 30.36(d),
requiring that decommissioning of
byproduct material facilities be
completed and approved by the NRC
after licensed activities cease. The
NRC’s analysis of the Licensee’s final
status survey data confirmed that the
Facility meets the requirements of 10
CFR 20.1402 for unrestricted release.
Additionally, denying the amendment
request would result in no change in
current environmental impacts. The
environmental impacts of the proposed
action and the no-action alternative are
therefore similar, and the no-action
alternative is accordingly not further
considered.
Conclusion
The NRC staff has concluded that the
proposed action is consistent with the
NRC’s unrestricted release criteria
specified in 10 CFR 20.1402. Because
the proposed action will not
significantly impact the quality of the
human environment, the NRC staff
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57605
concludes that the proposed action is
the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the Office
of Radiation Control, Division of
Delaware Public Health for review on
August 27, 2007. On September 17,
2007, the Office of Radiation Control,
Division of Delaware Public Health
responded by electronic mail. The State
agreed with the conclusions of the EA,
and otherwise had no comments.
The NRC staff has determined that the
proposed action is of a procedural
nature, and will not affect listed species
or critical habitat. Therefore, no further
consultation is required under Section 7
of the Endangered Species Act. The
NRC staff has also determined that the
proposed action is not the type of
activity that has the potential to cause
effects on historic properties. Therefore,
no further consultation is required
under Section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in
support of the proposed action. On the
basis of this EA, the NRC finds that
there are no significant environmental
impacts from the proposed action, and
that preparation of an environmental
impact statement is not warranted.
Accordingly, the NRC has determined
that a Finding of No Significant Impact
is appropriate.
IV. Further Information
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The documents related to
this action are listed below, along with
their ADAMS accession numbers.
1. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
2. Title 10 Code of Federal
Regulations, Part 20, Subpart E,
‘‘Radiological Criteria for License
Termination;’’
3. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
E:\FR\FM\10OCN1.SGM
10OCN1
57606
Federal Register / Vol. 72, No. 195 / Wednesday, October 10, 2007 / Notices
Criteria for License Termination of NRCLicensed Nuclear Facilities’’
5. Incyte Corporation Amendment
Request dated May 29, 2007
[ML071580670;
6. Incyte Corporation Deficiency
Response Letter dated July 26, 2007
[ML072140797.
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Region I, 475 Allendale Road,
King of Prussia 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. E7–19957 Filed 10–9–07; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
Sunshine Federal Register Notice
AGENCY HOLDING THE MEETINGS: Nuclear
Regulatory Commission.
DATE: Weeks of October 8, 15, 22, 29;
November 5, 12, 2007.
PLACE: Commissioners’ Conference
Room, 11555 Rockville Pike, Rockville,
Maryland.
STATUS: Public and Closed.
MATTERS TO BE CONSIDERED:
Week of October 8, 2007.
There are no meetings scheduled for
the Week of October 8, 2007.
Week of October 15, 2007—Tentative
There are no meetings scheduled for
the Week of October 15, 2007.
Week of October 22, 2007—Tentative
rwilkins on PROD1PC63 with NOTICES
Wednesday, October 24, 2007
9:25 a.m.
Affirmation Session (Public Meeting)
(Tentative).
a. Final Rule—Clarification of NRC
Civil Penalty Authority Over
Contractors and Subcontractors
Who Discriminate Against
Employees for Engaging in
Protected Activities (RIN 3150–
AH49) (Tentative).
b. Pa’ina Hawaii, LLC (Material
License Application) (Tentative).
VerDate Aug<31>2005
17:08 Oct 09, 2007
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This meeting will be webcast live at
the Web address—https://www.nrc.gov.
9:30 a.m.
Periodic Briefing on New Reactor
Issues, Part 1 (Public Meeting)
(Contact: Roger Rihm, 301–415–
7807).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
1:30 p.m.
Periodic Briefing on New Reactor
Issues, Part 2 (Public Meeting)
(Contact: Roger Rihm, 301–415–
7807).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
notice over the Internet system is
available. If you are interested in
receiving this Commission meeting
schedule electronically, please send an
electronic message to dkw@nrc.gov.
Dated: October 4, 2007.
R. Michelle Schroll,
Office of the Secretary.
[FR Doc. 07–5014 Filed 10–5–07; 10:23 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–331]
Week of October 29, 2007—Tentative
There are no meetings scheduled for
the Week of November 5, 2007.
FPL Energy Duane Arnold, LLC;
Biweekly Notice; Application for
Amendment to the Facility Operating
License Involving Proposed No
Significant Hazards Considerations;
Correction
Week of November 12, 2007—Tentative
AGENCY:
There are no meetings scheduled for
the Week of October 29, 2007.
Week of November 5, 2007—Tentative
Wednesday, November 14, 2007
9:30 a.m.
Meeting with Advisory Committee on
Nuclear Waste and Materials
(ACNW&M) (Public Meeting)
(Contact: Antonio Dias, 301–415–
6805).
This meeting will be webcast live at
the Web address—https://www.nrc.gov.
*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—(301) 415–1292.
Contact person for more information:
Michelle Schroll, (301) 415–1662.
The NRC Commission Meeting
Schedule can be found on the Internet
at: https://www.nrc.gov/about-nrc/policymaking/schedule.html.
The NRC provides reasonable
accommodation to individuals with
disabilities where appropriate. If you
need a reasonable accommodation to
participate in these public meetings, or
need this meeting notice or the
transcript or other information from the
public meetings in another format (e.g.,
braille, large print), please notify the
NRC’s Disability Program Coordinator,
Rohn Brown, at 301–492–2279, TDD:
301–415–2100, or by e-mail at
REB3@nrc.gov. Determinations on
requests for reasonable accommodation
will be made on a case-by-case basis.
This notice is distributed by mail to
several hundred subscribers; if you no
longer wish to receive it, or would like
to be added to the distribution, please
contact the Office of the Secretary,
Washington, DC 20555 (301–415–1969).
In addition, distribution of this meeting
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Nuclear Regulatory
Commission.
Notice of amendment request;
Correction.
ACTION:
SUMMARY: This document corrects a
notice appearing in the Federal Register
on September 25, 2007 (72 FR 54472),
that incorrectly referenced the licensee
as Detroit Edison Company. This action
is necessary to correct the erroneous
reference.
Karl
D. Feintuch, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone (301) 415–3079, e-mail:
KDF@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
On page
54472, in the second column, in the
third complete paragraph, first line, the
Notice is corrected to read from ‘‘Detroit
Edison Company’’ to ‘‘FPL Energy
Duane Arnold, LLC.’’
SUPPLEMENTARY INFORMATION:
Dated in Rockville, Maryland, this 2nd day
of October 2007.
For the Nuclear Regulatory Commission.
Karl D. Feintuch,
Project Manager, Plant Licensing Branch III–
1, Division of Operating Reactor Licensing.
[FR Doc. E7–19946 Filed 10–9–07; 8:45 am]
BILLING CODE 7590–01–P
E:\FR\FM\10OCN1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 195 (Wednesday, October 10, 2007)]
[Notices]
[Pages 57604-57606]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-19957]
-----------------------------------------------------------------------
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
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Dennis Lawyer, Health Physicist,
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region
I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone 610-
337-5366; fax number 610-337-5393; or by e-mail: drl1@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to 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
[[Page 57605]]
conditions of the Facility, the Licensee determined that only routine
decontamination activities, in accordance with their NRC-approved,
operating radiation safety procedures, were required. The Licensee was
not required to submit a decommissioning plan to the NRC because worker
cleanup activities and procedures are consistent with those approved
for routine operations. The Licensee conducted surveys of the Facility
and provided information to the NRC to demonstrate that it meets the
criteria in Subpart E of 10 CFR Part 20 for unrestricted release.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities at the
Facility, and seeks the unrestricted use of its Facility.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days: Hydrogen-3 and
carbon-14. Prior to performing the final status survey, the Licensee
conducted decontamination activities, as necessary, in the areas of the
Facility affected by these radionuclides.
The Licensee conducted a final status survey during August and
September 2003 but delayed making a final decision about whether or not
to resume licensed activities there. The final status survey report was
attached to the Licensee's amendment request dated May 29, 2007. The
Licensee elected to demonstrate compliance with the radiological
criteria for unrestricted release as specified in 10 CFR 20.1402 by
using the screening approach described in NUREG-1757, ``Consolidated
NMSS Decommissioning Guidance,'' Volume 2. The Licensee used the
radionuclide-specific derived concentration guideline levels (DCGLs),
developed there by the NRC, which comply with the dose criterion in 10
CFR 20.1402. These DCGLs define the maximum amount of residual
radioactivity on building surfaces, equipment, and materials, that will
satisfy the NRC requirements in Subpart E of 10 CFR Part 20 for
unrestricted release. The Licensee's final status survey results were
below these DCGLs and are in compliance with the As Low As Reasonably
Achievable (ALARA) requirement of 10 CFR 20.1402. The NRC thus finds
that the Licensee's final status survey results are acceptable.
Based on its review, the staff has determined that the affected
environment and any environmental impacts associated with the proposed
action are bounded by the impacts evaluated by the ``Generic
Environmental Impact Statement in Support of Rulemaking on Radiological
Criteria for License Termination of NRC-Licensed Nuclear Facilities''
(NUREG-1496) Volumes 1-3 (ML042310492, ML042320379, and ML042330385).
The staff finds there were no significant environmental impacts from
the use of radioactive material at the Facility. The NRC staff reviewed
the docket file records and the final status survey report to identify
any non-radiological hazards that may have impacted the environment
surrounding the Facility. No such hazards or impacts to the environment
were identified. The NRC has identified no other radiological or non-
radiological activities in the area that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed release of the Facility for
unrestricted use is in compliance with 10 CFR 20.1402. Based on its
review, the staff considered the impact of the residual radioactivity
at the Facility and concluded that the proposed action will not have a
significant effect on the quality of the human environment.
Environmental Impacts of the Alternatives to the Proposed Action
Due to the largely administrative nature of the proposed action,
its environmental impacts are small. Therefore, the only alternative
the staff considered is the no-action alternative, under which the
staff would leave things as they are by simply denying the amendment
request. This no-action alternative is not feasible because it
conflicts with 10 CFR 30.36(d), requiring that decommissioning of
byproduct material facilities be completed and approved by the NRC
after licensed activities cease. The NRC's analysis of the Licensee's
final status survey data confirmed that the Facility meets the
requirements of 10 CFR 20.1402 for unrestricted release. Additionally,
denying the amendment request would result in no change in current
environmental impacts. The environmental impacts of the proposed action
and the no-action alternative are therefore similar, and the no-action
alternative is accordingly not further considered.
Conclusion
The NRC staff has concluded that the proposed action is consistent
with the NRC's unrestricted release criteria specified in 10 CFR
20.1402. Because the proposed action will not significantly impact the
quality of the human environment, the NRC staff concludes that the
proposed action is the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this Environmental Assessment to the Office
of Radiation Control, Division of Delaware Public Health for review on
August 27, 2007. On September 17, 2007, the Office of Radiation
Control, Division of Delaware Public Health responded by electronic
mail. The State agreed with the conclusions of the EA, and otherwise
had no comments.
The NRC staff has determined that the proposed action is of a
procedural nature, and will not affect listed species or critical
habitat. Therefore, no further consultation is required under Section 7
of the Endangered Species Act. The NRC staff has also determined that
the proposed action is not the type of activity that has the potential
to cause effects on historic properties. Therefore, no further
consultation is required under Section 106 of the National Historic
Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in support of the proposed
action. On the basis of this EA, the NRC finds that there are no
significant environmental impacts from the proposed action, and that
preparation of an environmental impact statement is not warranted.
Accordingly, the NRC has determined that a Finding of No Significant
Impact is appropriate.
IV. Further Information
Documents related to this action, including the application for
license amendment and supporting documentation, are available
electronically at the NRC's Electronic Reading Room at https://
www.nrc.gov/reading-rm/adams.html. From this site, you can access the
NRC's Agencywide Document Access and Management System (ADAMS), which
provides text and image files of NRC's public documents. The documents
related to this action are listed below, along with their ADAMS
accession numbers.
1. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
2. Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
3. Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;''
4. NUREG-1496, ``Generic Environmental Impact Statement in Support
of Rulemaking on Radiological
[[Page 57606]]
Criteria for License Termination of NRC-Licensed Nuclear Facilities''
5. Incyte Corporation Amendment Request dated May 29, 2007
[ML071580670;
6. Incyte Corporation Deficiency Response Letter dated July 26,
2007 [ML072140797.
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at Region I, 475 Allendale Road, King of Prussia 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. E7-19957 Filed 10-9-07; 8:45 am]
BILLING CODE 7590-01-P
