Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 52-21502-01, for Termination of the License and Unrestricted Release of the Becton Dickinson Caribe Ltd.'s Facility in Cayey, Puerto Rico, 834-836 [E9-94]
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834
Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices
addressed to the Assistant Attorney
General of the Environment and Natural
Resources Division, and either e-mailed
to pubcomment-ees.enrd@usdoj.gov or
mailed to P.O. Box 7611, U.S.
Department of Justice, Washington, DC
20044–7611, and should refer to United
States v. Estate of Joseph Vazzana, Sr.,
et al., Civil Action No. CV–04–0620, D.J.
Ref. No. 90–11–3–07461.
The proposed Supplemental Consent
Judgment may be examined at the Office
of the United States Attorney, Eastern
District of New York, 271 Cadman Plaza
East, 7th Floor, Brooklyn, New York
11201, and at the United States
Environmental Protection Agency,
Region II, 290 Broadway, New York,
New York 10007–1866. During the
public comment period, the proposed
Supplemental Consent Judgment may
also be examined on the following
Department of Justice Web site, https://
www.usdoj.gov/enrd/
Consent_Decrees.html. A copy of the
proposed Supplemental Consent
Judgment may be obtained by mail from
the Consent Decree Library, P.O. Box
7611, U.S. Department of Justice,
Washington, DC 20044–7611 or by
faxing or e-mailing a request to Tonia
Fleetwood (tonia.fleetwood@usdoj.gov),
fax no. (202) 514–0097, phone
confirmation number (202) 514–1547. If
requesting a copy of the proposed
Supplemental Consent Judgment, please
enclose a check in the amount of $7.25
(25 cents per page reproduction cost)
payable to the U.S. Treasury or, if by email or fax, forward a check in that
amount to the Consent Decree Library at
the stated address.
Henry Friedman,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. E9–68 Filed 1–7–09; 8:45 am]
BILLING CODE 4410–15–P
DEPARTMENT OF JUSTICE
Executive Office for Immigration
Review
[OMB Number 1125–0008]
Agency Information Collection
Activities: Proposed Collection;
Comments Requested
following information collection request
to the Office of Management and Budget
(OMB) for review and approval in
accordance with the Paperwork
Reduction Act of 1995. The proposed
information collection is published to
obtain comments from the public and
affected agencies. This proposed
information collection was previously
published in the Federal Register
Volume 73, Number 215, page 65885–
65886, on November 5, 2008, allowing
for a 60 day comment period.
The purpose of this notice is to allow
for an additional 30 days for public
comment until February 9, 2009. This
process is conducted in accordance with
5 CFR 1320.10.
Written comments and/or suggestions
regarding the items contained in this
notice, especially the estimated public
burden and associated response time,
should be directed to the Office of
Management and Budget, Office of
Information and Regulatory Affairs,
Attention: Department of Justice Desk
Officer, Washington, DC 20530.
Additionally, comments may also be
submitted to OMB via facsimile to (202)
395–5806.
Written comments and suggestions
from the public and affected agencies
concerning the proposed collection of
information are encouraged. Your
comments should address one or more
of the following four points:
—Evaluate whether the collection of
information is necessary for the
proper performance of the functions
of the agency, including whether the
information will have practical utility;
—Evaluate the accuracy of the agency’s
estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
—Enhance the quality, utility, and
clarity of the information to be
collected; and
—Minimize the burden of the collection
of information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms
of information technology, e.g.,
permitting electronic submission of
responses.
erowe on PROD1PC63 with NOTICES
ACTION:
Overview of This Information
Collection
The Department of Justice (DOJ),
Executive Office for Immigration
Review (EOIR) will be submitting the
(1) Type of Information Collection:
Extension of a Currently Approved
Collection.
(2) Title of the Form/Collection:
Notice of Appeal from a Decision of an
Adjudicating Official in a Practitioner
Disciplinary Case.
30-day notice of information
collection under review: Notice of
Appeal from a Decision of an
Adjudicating Official in a Practitioner
Disciplinary Case.
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13:57 Jan 07, 2009
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(3) Agency form number, if any, and
the applicable component of the
Department of Justice sponsoring the
collection: Form EOIR–45, Executive
Office for Immigration Review, United
States Department of Justice.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: A party who appeals
a practitioner disciplinary decision by
the adjudicating official to the Board of
Immigration Appeals (Board). Other:
None. Abstract: Once the adjudicating
official issues a practitioner disciplinary
decision, either party or both parties
may appeal the decision to the Board for
de novo review of the record, pursuant
to 8 CFR 1003.106(c).
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond/reply: It is estimated that 50
respondents will complete the form
annually with an average of one hour
per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: There are an estimated 50
total burden hours associated with this
collection annually.
If additional information is required,
contact: Lynn Bryant, Department
Clearance Officer, United States
Department of Justice, Justice
Management Division, Policy and
Planning Staff, Patrick Henry Building,
Suite 1600, 601 D Street, NW.,
Washington, DC 20530.
Dated: January 5, 2009.
Lynn Bryant,
Department Clearance Officer, PRA, United
States Department of Justice.
[FR Doc. E9–131 Filed 1–7–09; 8:45 am]
BILLING CODE 4410–30–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–20875]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 52–21502–01, for
Termination of the License and
Unrestricted Release of the Becton
Dickinson Caribe Ltd.’s Facility in
Cayey, Puerto Rico
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
E:\FR\FM\08JAN1.SGM
08JAN1
Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices
FOR FURTHER INFORMATION CONTACT:
Betsy Ullrich, Senior Health Physicist,
Commercial and R & D Branch, Division
of Nuclear Materials Safety, Region I,
475 Allendale Road, King of Prussia,
Pennsylvania 19406; telephone (610)
337–5040; fax number (610) 337–5269;
or by e-mail: Elizabeth.Ullrich@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. 52–
21502–01. This license is held by
Becton Dickinson Caribe, Ltd. (the
Licensee) for its Becton Dickinson
Caribe Ltd. facility located at Parque
´
Industrial Rincon, Vicks Drive, Lot 6, in
Cayey, Puerto Rico (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 May 19,
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.
erowe on PROD1PC63 with NOTICES
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s May 19, 2008, license
amendment request, resulting in release
of the Facility for unrestricted use and
the termination of its NRC materials
license. License No. 52–21502–01 was
issued on April 13, 1984, 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 manufacturing of diagnostic
test kits.
The Facility is situated on 8.8 acres of
land and consists of office, laboratory,
and manufacturing areas. The Facility is
located in a mixed industrial/
commercial area. Within the Facility,
use of licensed materials was confined
to Building 1 (96,821 square feet), of
which the following areas were used for
licensed activities: The Bactec Filling
(9,188 square feet) and Bactec labeling
(6,655 square feet) sections of the
manufacturing area; the Bactec QC
Laboratory (1655 square feet); the
VerDate Nov<24>2008
13:57 Jan 07, 2009
Jkt 217001
current warehouse (20,419 square feet)
and Bactec Sensor original warehouse
(3,139 square feet); and sections of the
Finished Goods Warehouse.
In 2005, the Licensee ceased licensed
activities and initiated a survey and
decontamination 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 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
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: 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 final status surveys
during the period of February 25
through April 2, 2008. This survey
covered the manufacturing, laboratory,
and warehouse areas where licensed
materials were used. The final status
survey report was attached to the
Licensee’s amendment request dated
May 19, 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,
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
835
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) requirements 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.
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,
E:\FR\FM\08JAN1.SGM
08JAN1
836
Federal Register / Vol. 74, No. 5 / Thursday, January 8, 2009 / Notices
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 EA to the
Commonwealth of Puerto Rico,
Department of Health for review on
October 29, 2008. On December 8, 2008,
Commonwealth of Puerto Rico,
Department of Health responded by email. 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.
erowe on PROD1PC63 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 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
VerDate Nov<24>2008
13:57 Jan 07, 2009
Jkt 217001
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;’’ and
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of NRCLicensed Nuclear Facilities.’’
5. Termination request letter dated
May 19, 2008, with the ‘‘Radiological
Final Status Survey Report’’
[ML081690148]
6. Deficiency response letter dated
October 3, 2008 [ML082840721]
7. E-mail dated October 17, 2008 re:
MDC calculations [ML082940566] with
attachment spreadsheet [ML082940570]
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 at 475 Allendale Road,
King of Prussia, PA this 30th day of
December 2008.
For the Nuclear Regulatory Commission.
Pamela Henderson,
Chief, Medical Branch, Division of Nuclear
Materials Safety, Region I.
[FR Doc. E9–94 Filed 1–7–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[DOCKET NO. 52–033]
Detroit Edison Company; Notice of
Hearing, and Opportunity To Petition
for Leave To Intervene and Order
Imposing Procedures for Access to
Sensitive Unclassified Non-Safeguards
Information and Safeguards
Information for Contention Preparation
on a Combined License for Fermi 3
Pursuant to the Atomic Energy Act of
1954, as amended, and the regulations
in Title 10 of the Code of Federal
Regulations (10 CFR) Part 2, ‘‘Rules of
Practice for Domestic Licensing
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
Proceedings and Issuance of Orders,’’ 10
CFR Part 50, ‘‘Domestic Licensing of
Production and Utilization Facilities,’’
and 10 CFR Part 52, ‘‘Licenses,
Certifications, and Approvals for
Nuclear Power Plants,’’ notice is hereby
given that a hearing will be held, at a
time and place to be set in the future by
the U.S. Nuclear Regulatory
Commission (NRC, the Commission) or
designated by the Atomic Safety and
Licensing Board (Board). The hearing
will consider the application dated
September 18, 2008, filed by Detroit
Edison Company, pursuant to Subpart C
of 10 CFR Part 52, for a combined
license (COL). The application, which
was supplemented by letters dated
October 27, 2008, November 11, 2008,
and November 20, 2008, requests
approval of a COL for the Fermi Nuclear
Power Plant, Unit 3, to be located in
Monroe County, Michigan. The
application was accepted for docketing
on November 25, 2008. The docket
number established for this COL
application is 52–033. The Fermi COL
application references the application
for certification of the Economic
Simplified Boiling Water Reactor
(ESBWR) design, which was initially
submitted on August 24, 2005. The
ESBWR design is the subject of an
ongoing rulemaking under Docket
Number 52–010.
The hearing will be conducted by a
Board that will be designated by the
Chairman of the Atomic Safety and
Licensing Board Panel or will be
conducted by the Commission. Notice
as to the membership of the Board will
be published in the Federal Register at
a later date. The NRC staff will complete
a detailed technical review of the COL
application and will document its
findings in a safety evaluation report.
The Commission will refer a copy of the
application to the Advisory Committee
on Reactor Safeguards (ACRS) in
accordance with 10 CFR 52.87, ‘‘Referral
to the ACRS,’’ and the ACRS will report
on those portions of the application that
concern safety. The NRC staff will also
prepare an Environmental Impact
Statement, as required by 10 CFR
51.20(b)(2).
Any person whose interest may be
affected by this proceeding and who
desires to participate as a party to this
proceeding must file a written petition
for leave to intervene in accordance
with 10 CFR 2.309. Those permitted to
intervene become parties to the
proceeding, subject to any limitations in
the order granting leave to intervene,
and have the opportunity to participate
fully in the conduct of the hearing.
A petition for leave to intervene must
be filed no later than 60 days from the
E:\FR\FM\08JAN1.SGM
08JAN1
]]>Agencies
[Federal Register Volume 74, Number 5 (Thursday, January 8, 2009)]
[Notices]
[Pages 834-836]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-94]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-20875]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 52-21502-01, for Termination of the License and
Unrestricted Release of the Becton Dickinson Caribe Ltd.'s Facility in
Cayey, Puerto Rico
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
[[Page 835]]
FOR FURTHER INFORMATION CONTACT: Betsy Ullrich, Senior Health
Physicist, Commercial and R & D Branch, Division of Nuclear Materials
Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania
19406; telephone (610) 337-5040; fax number (610) 337-5269; or by e-
mail: Elizabeth.Ullrich@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. 52-
21502-01. This license is held by Becton Dickinson Caribe, Ltd. (the
Licensee) for its Becton Dickinson Caribe Ltd. facility located at
Parque Industrial Rinc[oacute]n, Vicks Drive, Lot 6, in Cayey, Puerto
Rico (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 May 19,
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 May 19, 2008,
license amendment request, resulting in release of the Facility for
unrestricted use and the termination of its NRC materials license.
License No. 52-21502-01 was issued on April 13, 1984, 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 manufacturing of diagnostic test kits.
The Facility is situated on 8.8 acres of land and consists of
office, laboratory, and manufacturing areas. The Facility is located in
a mixed industrial/commercial area. Within the Facility, use of
licensed materials was confined to Building 1 (96,821 square feet), of
which the following areas were used for licensed activities: The Bactec
Filling (9,188 square feet) and Bactec labeling (6,655 square feet)
sections of the manufacturing area; the Bactec QC Laboratory (1655
square feet); the current warehouse (20,419 square feet) and Bactec
Sensor original warehouse (3,139 square feet); and sections of the
Finished Goods Warehouse.
In 2005, the Licensee ceased licensed activities and initiated a
survey and decontamination 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 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 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: 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 final status
surveys during the period of February 25 through April 2, 2008. This
survey covered the manufacturing, laboratory, and warehouse areas where
licensed materials were used. The final status survey report was
attached to the Licensee's amendment request dated May 19, 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) requirements 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,
[[Page 836]]
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 EA to the Commonwealth of Puerto Rico,
Department of Health for review on October 29, 2008. On December 8,
2008, Commonwealth of Puerto Rico, Department of Health responded by e-
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;'' and
4. NUREG-1496, ``Generic Environmental Impact Statement in Support
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities.''
5. Termination request letter dated May 19, 2008, with the
``Radiological Final Status Survey Report'' [ML081690148]
6. Deficiency response letter dated October 3, 2008 [ML082840721]
7. E-mail dated October 17, 2008 re: MDC calculations [ML082940566]
with attachment spreadsheet [ML082940570]
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 at 475 Allendale Road, King of Prussia, PA
this 30th day of December 2008.
For the Nuclear Regulatory Commission.
Pamela Henderson,
Chief, Medical Branch, Division of Nuclear Materials Safety, Region I.
[FR Doc. E9-94 Filed 1-7-09; 8:45 am]
BILLING CODE 7590-01-P
