Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials; License No. 21-00182-03, for Unrestricted Release of the Pharmacia & Upjohn Company LLC; Facility in Kalamazoo, MI, 65890-65891 [E8-26361]

Download as PDF 65890 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices reading-rm/adams.html. The documents are also available at http://www.nrc.gov/ reactors/new-licensing/esp.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. 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 license will be amended following the publication of this FONSI and EA in the Federal Register. Dated at Rockville, Maryland this 30th day of October 2008. For the Nuclear Regulatory Commission. Michael R. Johnson, Director, Office of New Reactors. [FR Doc. E8–26368 Filed 11–4–08; 8:45 am] II. Environmental Assessment BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [Docket No. 030–04781] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials; License No. 21–00182–03, for Unrestricted Release of the Pharmacia & Upjohn Company LLC; Facility in Kalamazoo, MI Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. AGENCY: hsrobinson on PROD1PC76 with NOTICES William Snell, Senior Health Physicist, Decommissioning Branch, Division of Nuclear Materials Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle, Illinois 60532; telephone: (630) 829–9871; fax number: (630) 515–1259; or by e-mail at william.snell@nrc.gov. SUPPLEMENTARY INFORMATION: I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend Byproduct Materials License No. 21–00182–03. This license is held by Pharmacia & Upjohn Company LLC (the Licensee), and authorizes the use of byproduct materials within Building 267 (the Facility), located at 333 Portage Street, Kalamazoo, Michigan. Amendment of the license would authorize release of the Facility for unrestricted use. The Licensee requested this action in a letter dated July 9, 2008 (ADAMS Accession No. ML081920702). The NRC has prepared an Environmental Assessment (EA) in support of this proposed action in 17:24 Nov 04, 2008 Jkt 217001 The proposed action would approve the Licensee’s July 9, 2008, license amendment request, resulting in release of the Facility for unrestricted use. License No. 21–00182–03 was issued on April 24, 1958, pursuant to 10 CFR Part 30, and has been amended periodically since that time. The license authorizes the use of byproduct materials for conducting research and development. The Facility is a six-story steel frame building on a 39-acre pharmaceutical research and development campus comprised of offices and laboratories located in a primarily commercial area. The Licensee ceased using licensed materials in the Facility in April 2008, and has conducted final status surveys of the Facility. The results of these surveys along with other supporting information were provided to the NRC to demonstrate that the criteria in Subpart E of 10 CFR Part 20 for unrestricted release have been met. Need for the Proposed Action FOR FURTHER INFORMATION CONTACT: VerDate Aug<31>2005 Identification of 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 onsite final status surveys on the Facility during April, May and June 2008. The final status survey report was attached to the Licensee’s amendment request dated July 9, 2008. 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 Decommissioning Guidance,’’ Volume 2. The Licensee PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 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, and in soils, 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 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 Facility’’ (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 amendment of the license and release of the Facility for unrestricted use is in compliance with 10 CFR Part 20. 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 Facility be completed and E:\FR\FM\05NON1.SGM 05NON1 Federal Register / Vol. 73, No. 215 / Wednesday, November 5, 2008 / Notices 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 Michigan Department of Environmental Quality (DEQ) for review on October 1, 2008. By response dated October 9, 2008, the State agreed with the conclusions of the EA, and otherwise provided 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. hsrobinson on PROD1PC76 with NOTICES III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ reading-rm/adams.html. From this site, VerDate Aug<31>2005 17:24 Nov 04, 2008 Jkt 217001 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. Dee L. Clement, Pfizer, Inc., letter to William Snell, U.S. Nuclear Regulatory Commission, July 9, 2008 (ADAMS Accession No. ML081920702); 2. Dee L. Clement, Pfizer, Inc., letter to William Snell, U.S. Nuclear Regulatory Commission, April 8, 2008 (ADAMS Accession No. ML081010514); 3. Dee L. Clement, Pfizer, Inc., letter to William Snell, U.S. Nuclear Regulatory Commission, March 25, 2008 (ADAMS Accession No. ML080930101); 4. Title 10 Code of Federal Regulations, Part 20, Subpart E, ‘‘Radiological Criteria for License Termination’’; 5. Title 10 Code of Federal Regulations, Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions’’; 6. NUREG–1496, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRCLicensed Nuclear Facility’’; 7. NUREG–1757, ‘‘Consolidated Decommissioning Guidance.’’ 8. By response dated October 9, 2008, the State had no comments. 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.resource@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 Lisle, Illinois, this 22nd day of October 2008. For the Nuclear Regulatory Commission. Christine Lipa, Chief, Materials Control, ISFSI, and Decommissioning Branch, Division of Nuclear Materials Safety, Region III. [FR Doc. E8–26361 Filed 11–4–08; 8:45 am] BILLING CODE 7590–01–P PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 65891 SECURITIES AND EXCHANGE COMMISSION Proposed Collection; Comment Request Upon Written Request, Copies Available From: U.S. Securities and Exchange Commission, Office of Investor Education and Advocacy, Washington, DC 20549–0213. Extension: Rule 15c2–7; OMB Control No. 3235–0479; SEC File No. 270–420. Notice is hereby given that pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) the Securities and Exchange Commission (‘‘Commission’’) is soliciting comments on the collection of information summarized below. The Commission plans to submit this existing collection of information to the Office of Management and Budget for extension and approval. Rule 15c2–7 (17 CFR 240.15c2–7) places disclosure requirements on broker-dealers who have correspondent relationships, or agreements identified in the rule, with other broker-dealers. Whenever any such broker-dealer enters a quotation for a security through an inter-dealer quotation system, Rule 15c2–7 requires the broker-dealer to disclose these relationships and agreements in the manner required by the rule. The inter-dealer quotation system must also be able to make these disclosures public in association with the quotation the broker-dealer is making. When rule 15c2–7 was adopted in 1964, the information it requires was necessary for execution of the Commission’s mandate under the Securities Exchange Act of 1934 to prevent fraudulent, manipulative and deceptive acts by broker-dealers. In the absence of the information collection required under Rule 15c2–7, investors and broker-dealers would have been unable to accurately determine the market depth of, and demand for, securities in an inter-dealer quotation system. There are approximately 5,808 brokerdealers registered with the Commission. Any of these broker-dealers could be potential respondents for Rule 15c2–7, so the Commission is using that figure to represent the number of respondents. Rule 15c2–7 applies only to quotations entered into an inter-dealer quotation system, such as the OTC Bulletin Board (‘‘OTCBB’’), or Pink Sheets, operated by Pink OTC Markets, Inc. According to representatives of both Pink Sheets and the OTCBB, neither entity has recently received, or anticipates receiving any E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 73, Number 215 (Wednesday, November 5, 2008)]
[Notices]
[Pages 65890-65891]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26361]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-04781]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials; 
License No. 21-00182-03, for Unrestricted Release of the Pharmacia & 
Upjohn Company LLC; Facility in Kalamazoo, MI

AGENCY: Nuclear Regulatory Commission.

ACTION: Issuance of Environmental Assessment and Finding of No 
Significant Impact for License Amendment.

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

FOR FURTHER INFORMATION CONTACT: William Snell, Senior Health 
Physicist, Decommissioning Branch, Division of Nuclear Materials 
Safety, Region III, U.S. Nuclear Regulatory Commission, 2443 
Warrenville Road, Lisle, Illinois 60532; telephone: (630) 829-9871; fax 
number: (630) 515-1259; or by e-mail at william.snell@nrc.gov.

SUPPLEMENTARY INFORMATION:

I. Introduction

    The U.S. Nuclear Regulatory Commission (NRC) is proposing to amend 
Byproduct Materials License No. 21-00182-03. This license is held by 
Pharmacia & Upjohn Company LLC (the Licensee), and authorizes the use 
of byproduct materials within Building 267 (the Facility), located at 
333 Portage Street, Kalamazoo, Michigan. Amendment of the license would 
authorize release of the Facility for unrestricted use. The Licensee 
requested this action in a letter dated July 9, 2008 (ADAMS Accession 
No. ML081920702). 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 license will be amended 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 July 9, 2008, 
license amendment request, resulting in release of the Facility for 
unrestricted use. License No. 21-00182-03 was issued on April 24, 1958, 
pursuant to 10 CFR Part 30, and has been amended periodically since 
that time. The license authorizes the use of byproduct materials for 
conducting research and development.
    The Facility is a six-story steel frame building on a 39-acre 
pharmaceutical research and development campus comprised of offices and 
laboratories located in a primarily commercial area. The Licensee 
ceased using licensed materials in the Facility in April 2008, and has 
conducted final status surveys of the Facility. The results of these 
surveys along with other supporting information were provided to the 
NRC to demonstrate that the criteria in Subpart E of 10 CFR Part 20 for 
unrestricted release have been met.

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 onsite final status surveys on the Facility 
during April, May and June 2008. The final status survey report was 
attached to the Licensee's amendment request dated July 9, 2008. 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 
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, and in 
soils, 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 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 Facility'' 
(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 amendment of the license and 
release of the Facility for unrestricted use is in compliance with 10 
CFR Part 20. 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 Facility be completed and

[[Page 65891]]

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 
Michigan Department of Environmental Quality (DEQ) for review on 
October 1, 2008. By response dated October 9, 2008, the State agreed 
with the conclusions of the EA, and otherwise provided 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 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. The documents 
related to this action are listed below, along with their ADAMS 
accession numbers.
    1. Dee L. Clement, Pfizer, Inc., letter to William Snell, U.S. 
Nuclear Regulatory Commission, July 9, 2008 (ADAMS Accession No. 
ML081920702);
    2. Dee L. Clement, Pfizer, Inc., letter to William Snell, U.S. 
Nuclear Regulatory Commission, April 8, 2008 (ADAMS Accession No. 
ML081010514);
    3. Dee L. Clement, Pfizer, Inc., letter to William Snell, U.S. 
Nuclear Regulatory Commission, March 25, 2008 (ADAMS Accession No. 
ML080930101);
    4. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination'';
    5. Title 10 Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions'';
    6. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facility'';
    7. NUREG-1757, ``Consolidated Decommissioning Guidance.''
    8. By response dated October 9, 2008, the State had no comments.

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.resource@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 Lisle, Illinois, this 22nd day of October 2008.

    For the Nuclear Regulatory Commission.
Christine Lipa,
Chief, Materials Control, ISFSI, and Decommissioning Branch, Division 
of Nuclear Materials Safety, Region III.
[FR Doc. E8-26361 Filed 11-4-08; 8:45 am]
BILLING CODE 7590-01-P