Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Nuclear Materials License No. 45-25402-01, for Termination of the License and Unrestricted Release of the Upstate Group, Inc., Facility in Charlottesville, VA, 79937-79939 [E8-30940]
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Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
significant increase in occupational or
public radiation exposure. Therefore,
there are no significant radiological
environmental impacts associated with
the proposed action.
With regard to potential nonradiological impacts, the proposed
action does not have a potential to affect
any historic sites. It does not affect nonradiological plant effluents and has no
other environmental impact. Therefore,
there are no significant non-radiological
environmental impacts associated with
the proposed action.
Accordingly, the NRC concludes that
there are no significant environmental
impacts associated with the proposed
action.
Environmental Impacts of the
Alternatives to the Proposed Action:
As an alternative to the proposed
action, the staff considered denial of the
proposed action (i.e., the ‘‘no-action’’
alternative). Denial of the application
would result in no change in current
environmental impacts. The
environmental impacts of the proposed
action and the alternative action are
similar.
Alternative Use of Resources:
The action does not involve the use of
any different resources than those
previously considered in the Final
Environmental Statement for the
SONGS Units 2 and 3 dated May 12,
1981.
Agencies and Persons Consulted:
In accordance with its stated policy,
on October 22, 2008, the staff consulted
with the California State official, Roger
Lupo of the Radiologic Health Branch of
the California Department of Public
Health, regarding the environmental
impact of the proposed action. The State
official had no comments.
Finding of No Significant Impact
On the basis of the environmental
assessment, the NRC concludes that the
proposed action will not have a
significant effect on the quality of the
human environment. Accordingly, the
NRC has determined not to prepare an
environmental impact statement for the
proposed action.
The licensee requested that the
application be withheld from public
disclosure, in accordance with 10 CFR
2.390, because it contained sensitive
security-related information. The NRC
staff agrees that the licensee’s
application dated January 14, 2008,
contains security-related information
and should be withheld in its entirety.
Therefore, no further details with
respect to the proposed action are
publicly available.
Dated at Rockville, Maryland, this 18th day
of December 2008.
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
For the Nuclear Regulatory Commission.
Nageswaran Kalyanam,
Project Manager, Plant Licensing Branch IV,
Division of Operating Reactor Licensing,
Office of Nuclear Reactor Regulation.
[FR Doc. E8–30948 Filed 12–29–08; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–34493]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Nuclear
Materials License No. 45–25402–01, for
Termination of the License and
Unrestricted Release of the Upstate
Group, Inc., Facility in Charlottesville,
VA
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
FOR FURTHER INFORMATION CONTACT:
Thomas K. Thompson, Sr. Health
Physicist, Commercial and Research &
Development Branch, Division of
Nuclear Materials Safety, Region I, 475
Allendale Road, King of Prussia,
Pennsylvania 19406; telephone (610)
337–5303; fax number (610) 337–5269;
or by e-mail:
thomas.thompson@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. 45–
25402–01. This license is held by
Upstate Group, Inc. (the Licensee), for
its facility located at 706 Forrest Street,
Charlottesville, Virginia (the Facility).
Issuance of the amendment would
authorize release of the Facility for
unrestricted use and termination of the
NRC license. The Licensee requested
this action in a letter dated January 3,
2008. 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.
PO 00000
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Fmt 4703
Sfmt 4703
79937
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s January 3, 2008, license
amendment request, resulting in release
of the Facility for unrestricted use and
the termination of its NRC materials
license. License No. 45–25402–01 was
issued on October 31, 1997, pursuant to
10 CFR Part 30, and has been amended
periodically since that time. This
license authorized the Licensee to use
unsealed byproduct materials for the
purposes of conducting research and
development activities on laboratory
bench tops and in hoods.
The Facility is a two story building
located in a mixed residential/
commercial area. The licensee occupied
approximately 12,000 square feet of
space on the second floor of the
building, consisting of office space and
laboratories. Within the Facility, use of
licensed materials was confined to
Laboratories 115 and 110A.
Routine licensed activities ceased in
2002 and the licensee initiated a survey
of the Facility. Based on the Licensee’s
historical knowledge of the site and the
conditions of the Facility, the Licensee
determined that only routine
decontamination activities, in
accordance with the NRC-approved
operating radiation safety procedures,
would be 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 and for license
termination.
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities at the Facility, and
seeks the unrestricted use of its Facility
and the termination of its NRC materials
license. Termination of its license
would end the Licensee’s obligation to
pay annual license fees to the NRC.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days in unsealed
form: Hydrogen-3 and carbon-14. The
Licensee conducted a final status survey
in December 2006. This survey covered
the areas of use at the Facility. The final
status survey report was attached to the
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79938
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
pwalker on PROD1PC71 with NOTICES
Licensee’s amendment request dated
January 3, 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 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, 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 has
determined that the affected
environment and any environmental
impacts associated with the proposed
action are bounded by the impacts
evaluated by the ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG–
1496) Volumes 1–3 (ML042310492,
ML042320379, and ML042330385). The
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 and the termination of the NRC
materials license 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.
VerDate Aug<31>2005
22:55 Dec 29, 2008
Jkt 217001
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 and
for license termination. 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
Commonwealth of Virginia, Department
of Health, Bureau of Radiological Health
for review on October 30, 2008. The
Commonwealth of Virginia responded
by e-mail on November 7, 2008. The
Commonwealth 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.
PO 00000
Frm 00150
Fmt 4703
Sfmt 4703
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. NRC License No. 45–25402–01
(ML041660379);
2. Termination request dated January
3, 2008 (ML080100580);
3. Additional information on
termination request dated January 30,
2008 (ML080360136);
4. License application dated June 17,
1997 (ML083030158);
5. License application dated July 12,
1999 (ML083030168);
6. Inspection report dated April 13,
2004 (ML042170064);
7. License amendment request dated
March 30, 2004 (ML040910212 and
ML041740741);
8. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
Title 10 Code of Federal Regulations,
Part 20, Subpart E, ‘‘Radiological
Criteria for License Termination;’’
9. Title 10, Code of Federal
Regulations, Part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’ and
10. 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 Region I, 475 Allendale PA, King
of Prussia, PA this 19th day of December
2008.
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 73, No. 250 / Tuesday, December 30, 2008 / Notices
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial, Research and
Development Branch, Division of Nuclear
Materials Safety, Region I.
[FR Doc. E8–30940 Filed 12–29–08; 8:45 am]
BILLING CODE 7590–01–P
Advisory Committee on Reactor
Safeguards (ACRS); Meeting of the
Subcommittee on Future Plant
Designs; Notice of Meeting
The ACRS Subcommittee on Future
Plant Designs will hold a meeting on
January 14–15, 2009, at 11545 Rockville
Pike, Rockville, Maryland, Room T2 B3.
The entire meeting will be open to
public attendance.
The agenda for the subject meeting
shall be as follows:
January 14, 2009, 8:30 a.m. until 5 p.m.;
January 15, 2009, 8:30 a.m. until 5 p.m.
pwalker on PROD1PC71 with NOTICES
The Subcommittee will review and
discuss the Advanced Reactor Research
Plan. The Subcommittee will hear
presentations by and hold discussions
with representatives of the NRC staff.
The Subcommittee will gather
information, analyze relevant issues and
facts, and formulate proposed positions
and actions, as appropriate, for
deliberation by the full Committee.
Members of the public desiring to
provide oral statements and/or written
comments should notify the Designated
Federal Officer, Maitri Banerjee
(telephone 301–415–6973) 5 days prior
to the meeting, if possible, so that
appropriate arrangements can be made.
Electronic recordings will be permitted.
Detailed procedures for the conduct of
and participation in ACRS meetings
were published in the Federal Register
on October 6, 2008, (73 FR 58268–
58269).
Further information regarding this
meeting can be obtained by contacting
the Designated Federal Officer between
8 a.m. and 4:45 p.m. (ET). Persons
planning to attend this meeting are
urged to contact the above named
individual at least two working days
prior to the meeting to be advised of any
potential changes to the agenda.
Dated: December 22, 2008.
Christopher Brown,
Acting Chief, Reactor Safety Branch A,
Advisory Committee on Reactor Safeguards.
[FR Doc. E8–30950 Filed 12–29–08; 8:45 am]
BILLING CODE 7590–01–P
22:55 Dec 29, 2008
[Release No. IC–28567]
Notice of Applications for
Deregistration Under Section 8(f) of the
Investment Company Act of 1940
December 19, 2008.
NUCLEAR REGULATORY
COMMISSION
VerDate Aug<31>2005
SECURITIES AND EXCHANGE
COMMISSION
Jkt 217001
The following is a notice of
applications for deregistration under
section 8(f) of the Investment Company
Act of 1940 for the month of December
2008. A copy of each application may be
obtained for a fee at the Commission’s
Public Reference Room, 100 F Street
NE., Washington, DC 20549–1520 (tel.
202–551–5850). An order granting each
application will be issued unless the
SEC orders a hearing. Interested persons
may request a hearing on any
application by writing to the SEC’s
Secretary at the address below and
serving the relevant applicant with a
copy of the request, personally or by
mail. Hearing requests should be
received by the SEC by 5:30 p.m. on
January 13, 2009, and should be
accompanied by proof of service on the
applicant, in the form of an affidavit or,
for lawyers, a certificate of service.
Hearing requests should state the nature
of the writer’s interest, the reason for the
request, and the issues contested.
Persons who wish to be notified of a
hearing may request notification by
writing to the Secretary, U.S. Securities
and Exchange Commission, 100 F
Street, NE., Washington, DC 20549–
1090.
FOR FURTHER INFORMATION CONTACT:
Diane L. Titus at (202) 551–6810, SEC,
Division of Investment Management,
Office of Investment Company
Regulation, 100 F Street, NE.,
Washington, DC 20549–4041.
BlackRock Technology Fund, Inc. [File
No. 811–8721]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On September 15,
2008, applicant transferred its assets to
BlackRock Global Science & Technology
Opportunities Portfolio, a series of
BlackRock FundsSM, based on net asset
value. Expenses of $487,556 incurred in
connection with the reorganization were
paid by BlackRock Advisors, LLC,
applicant’s investment adviser, or its
affiliates.
Filing Date: The application was filed
on November 12, 2008.
Applicant’s Address: 800 Scudders
Mill Rd., Plainsboro, NJ 08536.
PO 00000
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Fmt 4703
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79939
MuniDividend Insured Fund, Inc. [File
No. 811–21062]; MuniHoldings Fund
III, Inc. [File No. 811–21626];
MuniHoldings California Fund, Inc.
[File No. 811–21627]
Summary: Applicants, each a closedend investment company, seek an order
declaring that they have ceased to be
investment companies. Applicants have
never made a public offering of their
securities and do not propose to make
a public offering or engage in business
of any kind.
Filing Date: The applications were
filed on November 5, 2008.
Applicants’ Address: BlackRock Inc.,
800 Scudders Mill Rd., Plainsboro, NJ
08536.
BlackRock Enhanced Equity Yield
Fund, Inc. [File No. 811–21722];
BlackRock Enhanced Equity Yield &
Premium Fund, Inc. [File No. 811–
21755]
Summary: Applicants, each a closedend investment company, seek an order
declaring that they have ceased to be
investment companies. On November 3,
2008, each applicant transferred its
assets to BlackRock Enhanced Capital
and Income Fund, Inc., based on net
asset value. Expenses of $289,026 and
$267,780, respectively, incurred in
connection with the reorganizations
were paid by each applicant.
Filing Date: The applications were
filed on November 19, 2008.
Applicants’ Address: 100 Bellevue
Parkway, Wilmington, DE 19809.
Mezzacappa Partners, LLC [File No.
811–21752]
Summary: Applicant, a closed-end
investment company, seeks an order
declaring that it has ceased to be an
investment company. Between January
24, 2008 and December 3, 2008,
applicant made liquidating distributions
to its shareholders, based on net asset
value. Expenses of approximately
$350,000 incurred in connection with
the liquidation were paid by applicant.
Applicant has retained $200,000 in cash
and trade receivables to pay remaining
outstanding expenses.
Filing Dates: The application was
filed on September 3, 2008, and
amended on December 3, 2008.
Applicant’s Address: c/o Mezzacappa
Management, LLC, 630 Fifth Ave., Suite
2600, New York, NY 10111.
Ameristock ETF Trust [File No. 811–
21941]
Summary: Applicant seeks an order
declaring that it has ceased to be an
investment company. On August 22,
2008, applicant made a final liquidating
distribution to its shareholders, based
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 73, Number 250 (Tuesday, December 30, 2008)]
[Notices]
[Pages 79937-79939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30940]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-34493]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Nuclear
Materials License No. 45-25402-01, for Termination of the License and
Unrestricted Release of the Upstate Group, Inc., Facility in
Charlottesville, VA
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Thomas K. Thompson, Sr. Health
Physicist, Commercial and Research & Development Branch, Division of
Nuclear Materials Safety, Region I, 475 Allendale Road, King of
Prussia, Pennsylvania 19406; telephone (610) 337-5303; fax number (610)
337-5269; or by e-mail: thomas.thompson@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. 45-
25402-01. This license is held by Upstate Group, Inc. (the Licensee),
for its facility located at 706 Forrest Street, Charlottesville,
Virginia (the Facility). Issuance of the amendment would authorize
release of the Facility for unrestricted use and termination of the NRC
license. The Licensee requested this action in a letter dated January
3, 2008. 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 January 3, 2008,
license amendment request, resulting in release of the Facility for
unrestricted use and the termination of its NRC materials license.
License No. 45-25402-01 was issued on October 31, 1997, pursuant to 10
CFR Part 30, and has been amended periodically since that time. This
license authorized the Licensee to use unsealed byproduct materials for
the purposes of conducting research and development activities on
laboratory bench tops and in hoods.
The Facility is a two story building located in a mixed
residential/commercial area. The licensee occupied approximately 12,000
square feet of space on the second floor of the building, consisting of
office space and laboratories. Within the Facility, use of licensed
materials was confined to Laboratories 115 and 110A.
Routine licensed activities ceased in 2002 and the licensee
initiated a survey of the Facility. Based on the Licensee's historical
knowledge of the site and the conditions of the Facility, the Licensee
determined that only routine decontamination activities, in accordance
with the NRC-approved operating radiation safety procedures, would be
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 and for license termination.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities at the
Facility, and seeks the unrestricted use of its Facility and the
termination of its NRC materials license. Termination of its license
would end the Licensee's obligation to pay annual license fees to the
NRC.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days in unsealed form:
Hydrogen-3 and carbon-14. The Licensee conducted a final status survey
in December 2006. This survey covered the areas of use at the Facility.
The final status survey report was attached to the
[[Page 79938]]
Licensee's amendment request dated January 3, 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 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, 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 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 and the termination of the NRC materials license 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 and for license
termination. 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
Commonwealth of Virginia, Department of Health, Bureau of Radiological
Health for review on October 30, 2008. The Commonwealth of Virginia
responded by e-mail on November 7, 2008. The Commonwealth 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. NRC License No. 45-25402-01 (ML041660379);
2. Termination request dated January 3, 2008 (ML080100580);
3. Additional information on termination request dated January 30,
2008 (ML080360136);
4. License application dated June 17, 1997 (ML083030158);
5. License application dated July 12, 1999 (ML083030168);
6. Inspection report dated April 13, 2004 (ML042170064);
7. License amendment request dated March 30, 2004 (ML040910212 and
ML041740741);
8. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
Title 10 Code of Federal Regulations, Part 20, Subpart E,
``Radiological Criteria for License Termination;''
9. Title 10, Code of Federal Regulations, Part 51, ``Environmental
Protection Regulations for Domestic Licensing and Related Regulatory
Functions;'' and
10. 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 Region I, 475 Allendale PA, King of Prussia, PA this
19th day of December 2008.
[[Page 79939]]
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial, Research and Development Branch, Division of Nuclear
Materials Safety, Region I.
[FR Doc. E8-30940 Filed 12-29-08; 8:45 am]
BILLING CODE 7590-01-P
