Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 06-00217-06, for Amendment of the License and Unrestricted Release of a Portion of the ABB, Inc. Facility in Windsor, CT, 965-967 [E9-202]
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Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices
Dated: January 6, 2009.
Suzanne H. Plimpton,
Reports Clearance Officer, National Science
Foundation.
[FR Doc. E9–196 Filed 1–8–09; 8:45 am]
BILLING CODE 7555–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 03003754]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 06–00217–06, for
Amendment of the License and
Unrestricted Release of a Portion of
the ABB, Inc. Facility in Windsor, CT
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
FOR FURTHER INFORMATION CONTACT: Jim
Schmidt, Health Physicist,
Decommissioning Branch, Division of
Nuclear Materials Safety, Region I, 475
Allendale Drive, King of Prussia,
Pennsylvania 19406–1415; telephone
(610)–337–5276; fax number (610)–337–
5269; or by e-mail: jim.schmidt@nrc.gov.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with NOTICES
I. Introduction
The U.S. Nuclear Regulatory
Commission (NRC) is considering the
issuance of a license amendment to
Byproduct License No. 06–00217–06.
This license is held by ABB, Inc. (the
Licensee), for its CE Windsor Site (the
Facility), located at 2000 Day Hill Road
in Windsor, Connecticut. Issuance of the
amendment would authorize a partial
site release of 365 contiguous acres of
the 612 acre facility for unrestricted use.
The Licensee requested this action in a
letter dated December 27, 2007. The
NRC has prepared an Environmental
Assessment 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
Environmental Assessment, the NRC
has concluded that a Finding of No
Significant Impact is appropriate with
respect to the proposed action. The
amendment will be issued to the
Licensee following the publication of
this Finding of No Significant Impact
and Environmental Assessment in the
Federal Register.
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II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s December 27, 2007,
license amendment request, resulting in
the partial site release of 365 contiguous
acres of the Windsor, Connecticut
facility for unrestricted use. Historical
NRC-licensed activities previously
conducted at the Facility included
research, development, and commercial
fuel fabrication and component repair.
Additionally, the Facility was also used
to fabricate naval fuel for the United
States Government. License No. 06–
00217–06 was issued in the 1960’s
pursuant to 10 CFR Part 30 and has been
amended periodically since that time.
The license currently authorizes the
Licensee to possess and use unsealed
byproduct material, and limited
amounts of source and special nuclear
material, solely for purpose of
conducting decommissioning activities
at the Facility.
The Facility is situated on 612 acres
of which about a third is developed
with buildings containing office space,
fabrication shops, and laboratories. The
balance of the Facility is comprised of
undeveloped wooded land. The Facility
is located in an industrial zone with
nearby property that includes
commercial, agricultural, industrial, and
residential areas. Within the Facility,
NRC-licensed material was confined to
numerous laboratories and fabrication
buildings associated with commercial
nuclear activities. All of these buildings
have been removed and the impacted
areas remediated. Those areas of the
facility that were involved with the
United States Government fuel
fabrication have been designated as
Formally Utilized Sites Remedial Action
Program areas and have not yet been
remediated. The Formally Utilized Sites
Remedial Action Program areas within
the Facility include two buildings
having a total footprint of about 50,000
ft2 along with other undeveloped areas
having a total footprint of about 15
acres. Also located within the Facility
boundary is a 10.6 acre plot of land
previously used as a United States Navy
training site which was owned by the
United States Government and was
previously remediated by the United
States Department of Energy.
On September 13, 2007, the Licensee
completed the licensed
decommissioning activities for the nonFormally Utilized Sites Remedial Action
Program areas of the Facility and
requested that all of these areas be
removed from control of NRC License
No. 06–00217–06. These activities were
conducted in accordance with a
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965
decommissioning plan that was
approved for use as part of Amendment
54 to License No. 06–00217–06. The
Licensee conducted final status surveys
of these areas of the Facility and
provided information to the NRC to
demonstrate that it meets the criteria in
Subpart E to 10 CFR Part 20 for
unrestricted release. On December 27,
2007, the Licensee requested that only
365 contiguous acres of the nonFormally Utilized Sites Remedial Action
Program areas be considered for
unrestricted release in order to provide
buffer areas around the Formally
Utilized Sites Remedial Action Program
areas on the Facility that have yet to be
remediated.
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities within the areas of
the Facility for which the partial site
release has been requested and seeks
unrestricted use of the area. License No.
06–00217–06 will remain in place for
the balance of the Facility to support
future Formally Utilized Sites Remedial
Action Program decommissioning and
eventual site release.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved
primarily uranium-234, uranium-235,
uranium-238, cesium-137, and cobalt60. Prior to performing the final status
survey for the areas for which the
unrestricted release has been requested,
the Licensee conducted
decontamination and remediation
activities, as necessary, in the areas of
the Facility affected by these
radionuclides. The Licensee conducted
final status surveys between 2005 and
2007. These surveys covered all
impacted areas within the requested
partial site release portion of the
Facility. Notification that
decommissioning activities in nonFormally Utilized Sites Remedial Action
Program areas of the site were complete
was provided in the Licensee’s letter
dated September 13, 2007. The Licensee
elected to demonstrate compliance with
the radiological criteria for unrestricted
release as specified in 10 CFR Part
20.1402 by developing derived
concentration guideline levels for its
Facility. The Licensee conducted sitespecific dose modeling using input
parameters specific to the Facility. This
dose modeling used the residential
farmer scenario. The Licensee thus
determined the maximum amount of
residual radioactivity on building
surfaces, equipment, materials, and soils
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Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices
that will satisfy the NRC requirements
in Subpart E of 10 CFR Part 20 for
unrestricted release. The NRC
previously reviewed the Licensee’s
methodology and the proposed derived
concentration guideline levels, and
concluded that the proposed derived
concentration guideline levels were
acceptable for use as release criteria at
the Facility. The NRC’s approval of the
Licensee’s proposed derived
concentration guideline levels was
published in the Federal Register on
June 1, 2004 (Volume 69, Number 105).
The Licensee’s final status survey
results were below these derived
concentration guideline levels, and are
thus acceptable.
The Oak Ridge Institute for Science
and Education and NRC staff conducted
confirmatory surveys between March 24
and March 27, 2008. None of the
confirmatory sample results exceeded
the derived concentration guideline
levels established for the Facility. 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 within the partial
site release area of the Facility. The NRC
staff reviewed the docket file records
and the final status survey reports 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 portion of the Facility
described above for unrestricted use is
in compliance with 10 CFR 20.1402.
Although the Licensee will continue to
perform licensed activities at other parts
of the Facility, the Licensee must ensure
that this decommissioned area does not
become recontaminated. Before the
license can be terminated, the Licensee
will be required to show that the entire
Facility, including previously-released
areas, complies with the radiological
criteria in 10 CFR 20.1402. Based on its
review, the staff considered the impact
of the residual radioactivity at the
Facility and concluded that the
proposed action will not have a
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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 inconsistent with 10 CFR
30.36(d) and 10 CFR 70.38(d) requiring
that decommissioning of byproduct
material and special nuclear 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 partial site release area 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
considered further.
Conclusion
The NRC staff reviewed the
environmental impacts of the proposed
action in accordance with the
requirements of 10 CFR Part 51 and
NRC’s unrestricted release criteria
specified in 10 CFR 20.1402. The NRC
staff has determined that the partial site
release of the ABB, Inc. site would not
significantly affect the quality of the
human environment. Therefore, an
environmental impact statement is not
warranted for the proposed action, and
pursuant to 10 CFR 51.31, a Finding of
No Significant Impact is appropriate.
Agencies and Persons Consulted
On September 19, 2008, the NRC
provided a draft of this Environmental
Assessment to the Connecticut
Department of Environmental Protection
for review. On November 6, 2008, Mr.
Michael Firsick of the Connecticut
Department of Environmental Protection
responded by e-mail. The State agreed
with the conclusions of the
Environmental Assessment, 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
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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
On the basis of this Environmental
Assessment, the NRC finds that there
are no significant environmental
impacts from the proposed partial site
release action as described above.
Accordingly, preparation of an
environmental impact statement is not
warranted and 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
Documents 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
Criteria for License Termination of NRCLicensed Nuclear Facilities;’’
5. Letter dated October 31, 2005, from
ABB to NRC, ‘‘Final Status Survey
Report—Building 2 Complex’’ with
attachments (ADAMS Accession No.
ML053320512, ML053320517,
ML053320521, ML053320522,
ML053320523, ML053320524,
ML053320525, ML053320526,
ML053320527, ML053320530,
ML053320532, ML053320536,
ML053320539, and ML053320540);
6. Letter dated February 7, 2006, from
ABB to NRC, ‘‘Final Status Survey
Report—Building 17 Complex’’ with
attachments (ADAMS Accession No.
ML060670224, ML060670354,
ML060670385, ML060670398,
ML060670405, ML060670408,
ML060670411, ML060670425,
ML060670444, ML060670451,
E:\FR\FM\09JAN1.SGM
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ML060670456, ML060670470,
ML060670478, and ML060670489);
7. Letter dated May 2, 2006, from ABB
to NRC, ‘‘Final Status Survey Report—
Building 5/6A Complex’’ with
attachments (ADAMS Accession No.
ML061300647, ML061600110,
ML061600128, ML061600142,
ML061600154, ML061600158,
ML061600160, ML061600178,
ML061600184, ML061600185,
ML061600186, ML061600187,
ML061600280, ML061600292,
ML061600304, ML061600315,
ML061600324, and ML061600331);
8. Letter dated September 13, 2007,
from ABB to NRC, ‘‘Final Status Survey
Report’’ with attachments (ADAMS
Accession No. ML072890334,
ML072890351, ML072890359,
ML072890361, ML072890362,
ML072890533, ML072890542,
ML072890545, ML072890552,
ML072890556, ML072890565,
ML072890572, ML072890586,
ML072890590, ML072890603,
ML072890611);
9. Letter dated December 27, 2007,
from ABB to NRC, ‘‘Partial Site Release’’
(ADAMS Accession No. ML080020357);
10. Letter dated June 27, 2008, from
ORISE to NRC, ‘‘Final Report—
Confirmatory Survey for the Partial Site
Release at the ABB Inc. CE Windsor
Site; Windsor, Connecticut’’ (ADAMS
Accession No. ML082420398); and
11. NRC Inspection Report 03000754/
2008001, dated September 30, 2008,
(ADAMS Accession Nos. ML082730833
and ML082730842).
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
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 Public Document
Room, O 1 F21, One White Flint North,
11555 Rockville Pike, Rockville, MD
20852. The Public Document Room
reproduction contractor will copy
documents for a fee.
Dated at King of Prussia, Pennsylvania, this
30th day of December, 2008.
For the Nuclear Regulatory Commission.
Eugene Cobey,
Chief, Decommissioning Branch, Division of
Nuclear Materials Safety, Region I.
[FR Doc. E9–202 Filed 1–8–09; 8:45 am]
BILLING CODE 7590–01–P
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NUCLEAR REGULATORY
COMMISSION
Notice of Availability; NUREG–1307,
Revision 13, ‘‘Report on Waste Burial
Charges Changes in Decommissioning
Waste Disposal Costs at Low-Level
Waste Burial Faciilities’’
AGENCY: Nuclear Regulatory
Commission (NRC).
ACTION: Notice of availability.
SUMMARY: The NRC is announcing the
completion and availability of NUREG–
1307, Revision 13, ‘‘Report on Waste
Burial Charges,’’ dated December 2009.
ADDRESSES: NUREG–1307 may be
purchased from The Superintendent of
Documents, U.S. Government Printing
Office , P.O. Box 37082, Washington, DC
20402–9328: https://
www.access.gop.gov/sudocs: 202–512–
1800; or The National Technical
Information Service, Springfield,
Virginia 22161–0002; https://
www.ntis.gov; or locally, 703–605–6000.
The publication may be viewed
electronically on the public computers
located at the NRC’s Public Document
Room (PDR), One White Flint North,
11555 Rockville Pike, Room O1–F21,
Rockville, Maryland. The PDR
reproduction contractor will copy
documents for a fee. The public can gain
entry into the NRC’s Agencywide
Documents Access and Management
System (ADAMS) through the agency’s
public Web site at https://www.nrc.gov.
This Web site provides text and image
files of the NRC’s public documents. If
you do not have access to ADAMS or if
there are problems in accessing the
documents located in ADAMS, contact
the NRC PDR Reference Staff at 1–800–
397–4209, 301–415–4737 or by e-mail to
pdr@nrc.gov.
FOR FURTHER INFORMATION CONTACT:
Clayton L. Pittiglio, Office of Nuclear
Reactor Regulation, Division of Policy
and Rulemaking, U.S. Nuclear
Regulatory Commission, Washington,
DC 20555, telephone (301) 415–1435, email Clayton.Pittiglio@nrc.gov.
SUPPLEMENTARY INFORMATION: A
requirement placed upon nuclear power
reactor licensees by the NRC is that
licensees must annually adjust the
estimate of the cost of decommissioning
their plants, in dollars of the current
year, as part of the process to provide
reasonable assurance that adequate
funds for decommissioning will be
available when needed. This report,
which is revised periodically, explains
the formula that is acceptable to the
NRC for determining the minimum
decommissioning fund requirements for
nuclear power plants. The sources of
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967
information used in the formula are
identified, and the values developed for
the estimation of radioactive waste
burial/disposition costs, by site and by
year, are given.
Dated at Rockville, Maryland, this 22 day
of December.
For the Nuclear Regulatory Commission.
Timothy J. McGinty,
Director, Division of Policy and Rulemaking,
Office of Nuclear Reactor Program.
[FR Doc. E9–203 Filed 1–8–09; 8:45 am]
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SECURITIES AND EXCHANGE
COMMISSION
Submission for OMB Review;
Comment Request
Upon Written Request, Copies Available
From: Securities and Exchange
Commission, Office of Investor
Education and Advocacy,
Washington, DC 20549–0213.
Extension:
Rule 18f–3; SEC File No. 270–385; OMB
Control No. 3235–0441.
Notice is hereby given that, pursuant
to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520), the Securities
and Exchange Commission
(‘‘Commission’’) has submitted to the
Office of Management and Budget
request for extension of the previously
approved collection of information
discussed below.
Section 18(f)(1) 1 of the Investment
Company Act of 1940 2 (the ‘‘Investment
Company Act’’ or ‘‘Act’’) prohibits
registered open-end management
investment companies (‘‘funds’’) from
issuing any senior security. Rule 18f–3
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in the same portfolio of securities (a
‘‘multiple class fund’’) if the fund
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The rule includes one requirement for
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]]>Agencies
[Federal Register Volume 74, Number 6 (Friday, January 9, 2009)]
[Notices]
[Pages 965-967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-202]
=======================================================================
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 03003754]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 06-00217-06, for Amendment of the License and Unrestricted
Release of a Portion of the ABB, Inc. Facility in Windsor, CT
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Jim Schmidt, Health Physicist,
Decommissioning Branch, Division of Nuclear Materials Safety, Region I,
475 Allendale Drive, King of Prussia, Pennsylvania 19406-1415;
telephone (610)-337-5276; fax number (610)-337-5269; or by e-mail:
jim.schmidt@nrc.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
The U.S. Nuclear Regulatory Commission (NRC) is considering the
issuance of a license amendment to Byproduct License No. 06-00217-06.
This license is held by ABB, Inc. (the Licensee), for its CE Windsor
Site (the Facility), located at 2000 Day Hill Road in Windsor,
Connecticut. Issuance of the amendment would authorize a partial site
release of 365 contiguous acres of the 612 acre facility for
unrestricted use. The Licensee requested this action in a letter dated
December 27, 2007. The NRC has prepared an Environmental Assessment 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 Environmental Assessment, the NRC has concluded that a
Finding of No Significant Impact is appropriate with respect to the
proposed action. The amendment will be issued to the Licensee following
the publication of this Finding of No Significant Impact and
Environmental Assessment in the Federal Register.
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve the Licensee's December 27, 2007,
license amendment request, resulting in the partial site release of 365
contiguous acres of the Windsor, Connecticut facility for unrestricted
use. Historical NRC-licensed activities previously conducted at the
Facility included research, development, and commercial fuel
fabrication and component repair. Additionally, the Facility was also
used to fabricate naval fuel for the United States Government. License
No. 06-00217-06 was issued in the 1960's pursuant to 10 CFR Part 30 and
has been amended periodically since that time. The license currently
authorizes the Licensee to possess and use unsealed byproduct material,
and limited amounts of source and special nuclear material, solely for
purpose of conducting decommissioning activities at the Facility.
The Facility is situated on 612 acres of which about a third is
developed with buildings containing office space, fabrication shops,
and laboratories. The balance of the Facility is comprised of
undeveloped wooded land. The Facility is located in an industrial zone
with nearby property that includes commercial, agricultural,
industrial, and residential areas. Within the Facility, NRC-licensed
material was confined to numerous laboratories and fabrication
buildings associated with commercial nuclear activities. All of these
buildings have been removed and the impacted areas remediated. Those
areas of the facility that were involved with the United States
Government fuel fabrication have been designated as Formally Utilized
Sites Remedial Action Program areas and have not yet been remediated.
The Formally Utilized Sites Remedial Action Program areas within the
Facility include two buildings having a total footprint of about 50,000
ft\2\ along with other undeveloped areas having a total footprint of
about 15 acres. Also located within the Facility boundary is a 10.6
acre plot of land previously used as a United States Navy training site
which was owned by the United States Government and was previously
remediated by the United States Department of Energy.
On September 13, 2007, the Licensee completed the licensed
decommissioning activities for the non-Formally Utilized Sites Remedial
Action Program areas of the Facility and requested that all of these
areas be removed from control of NRC License No. 06-00217-06. These
activities were conducted in accordance with a decommissioning plan
that was approved for use as part of Amendment 54 to License No. 06-
00217-06. The Licensee conducted final status surveys of these areas of
the Facility and provided information to the NRC to demonstrate that it
meets the criteria in Subpart E to 10 CFR Part 20 for unrestricted
release. On December 27, 2007, the Licensee requested that only 365
contiguous acres of the non-Formally Utilized Sites Remedial Action
Program areas be considered for unrestricted release in order to
provide buffer areas around the Formally Utilized Sites Remedial Action
Program areas on the Facility that have yet to be remediated.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities within the
areas of the Facility for which the partial site release has been
requested and seeks unrestricted use of the area. License No. 06-00217-
06 will remain in place for the balance of the Facility to support
future Formally Utilized Sites Remedial Action Program decommissioning
and eventual site release.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved primarily uranium-234,
uranium-235, uranium-238, cesium-137, and cobalt-60. Prior to
performing the final status survey for the areas for which the
unrestricted release has been requested, the Licensee conducted
decontamination and remediation activities, as necessary, in the areas
of the Facility affected by these radionuclides. The Licensee conducted
final status surveys between 2005 and 2007. These surveys covered all
impacted areas within the requested partial site release portion of the
Facility. Notification that decommissioning activities in non-Formally
Utilized Sites Remedial Action Program areas of the site were complete
was provided in the Licensee's letter dated September 13, 2007. The
Licensee elected to demonstrate compliance with the radiological
criteria for unrestricted release as specified in 10 CFR Part 20.1402
by developing derived concentration guideline levels for its Facility.
The Licensee conducted site-specific dose modeling using input
parameters specific to the Facility. This dose modeling used the
residential farmer scenario. The Licensee thus determined the maximum
amount of residual radioactivity on building surfaces, equipment,
materials, and soils
[[Page 966]]
that will satisfy the NRC requirements in Subpart E of 10 CFR Part 20
for unrestricted release. The NRC previously reviewed the Licensee's
methodology and the proposed derived concentration guideline levels,
and concluded that the proposed derived concentration guideline levels
were acceptable for use as release criteria at the Facility. The NRC's
approval of the Licensee's proposed derived concentration guideline
levels was published in the Federal Register on June 1, 2004 (Volume
69, Number 105). The Licensee's final status survey results were below
these derived concentration guideline levels, and are thus acceptable.
The Oak Ridge Institute for Science and Education and NRC staff
conducted confirmatory surveys between March 24 and March 27, 2008.
None of the confirmatory sample results exceeded the derived
concentration guideline levels established for the Facility. 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 within the partial site release area of the Facility. The NRC
staff reviewed the docket file records and the final status survey
reports 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 portion of the
Facility described above for unrestricted use is in compliance with 10
CFR 20.1402. Although the Licensee will continue to perform licensed
activities at other parts of the Facility, the Licensee must ensure
that this decommissioned area does not become recontaminated. Before
the license can be terminated, the Licensee will be required to show
that the entire Facility, including previously-released areas, complies
with the radiological criteria in 10 CFR 20.1402. Based on its review,
the staff considered the impact of the residual radioactivity 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 inconsistent with 10 CFR
30.36(d) and 10 CFR 70.38(d) requiring that decommissioning of
byproduct material and special nuclear 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
partial site release area 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
considered further.
Conclusion
The NRC staff reviewed the environmental impacts of the proposed
action in accordance with the requirements of 10 CFR Part 51 and NRC's
unrestricted release criteria specified in 10 CFR 20.1402. The NRC
staff has determined that the partial site release of the ABB, Inc.
site would not significantly affect the quality of the human
environment. Therefore, an environmental impact statement is not
warranted for the proposed action, and pursuant to 10 CFR 51.31, a
Finding of No Significant Impact is appropriate.
Agencies and Persons Consulted
On September 19, 2008, the NRC provided a draft of this
Environmental Assessment to the Connecticut Department of Environmental
Protection for review. On November 6, 2008, Mr. Michael Firsick of the
Connecticut Department of Environmental Protection responded by e-mail.
The State agreed with the conclusions of the Environmental Assessment,
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
On the basis of this Environmental Assessment, the NRC finds that
there are no significant environmental impacts from the proposed
partial site release action as described above. Accordingly,
preparation of an environmental impact statement is not warranted and 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 Documents 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 Criteria for License Termination of NRC-
Licensed Nuclear Facilities;''
5. Letter dated October 31, 2005, from ABB to NRC, ``Final Status
Survey Report--Building 2 Complex'' with attachments (ADAMS Accession
No. ML053320512, ML053320517, ML053320521, ML053320522, ML053320523,
ML053320524, ML053320525, ML053320526, ML053320527, ML053320530,
ML053320532, ML053320536, ML053320539, and ML053320540);
6. Letter dated February 7, 2006, from ABB to NRC, ``Final Status
Survey Report--Building 17 Complex'' with attachments (ADAMS Accession
No. ML060670224, ML060670354, ML060670385, ML060670398, ML060670405,
ML060670408, ML060670411, ML060670425, ML060670444, ML060670451,
[[Page 967]]
ML060670456, ML060670470, ML060670478, and ML060670489);
7. Letter dated May 2, 2006, from ABB to NRC, ``Final Status Survey
Report--Building 5/6A Complex'' with attachments (ADAMS Accession No.
ML061300647, ML061600110, ML061600128, ML061600142, ML061600154,
ML061600158, ML061600160, ML061600178, ML061600184, ML061600185,
ML061600186, ML061600187, ML061600280, ML061600292, ML061600304,
ML061600315, ML061600324, and ML061600331);
8. Letter dated September 13, 2007, from ABB to NRC, ``Final Status
Survey Report'' with attachments (ADAMS Accession No. ML072890334,
ML072890351, ML072890359, ML072890361, ML072890362, ML072890533,
ML072890542, ML072890545, ML072890552, ML072890556, ML072890565,
ML072890572, ML072890586, ML072890590, ML072890603, ML072890611);
9. Letter dated December 27, 2007, from ABB to NRC, ``Partial Site
Release'' (ADAMS Accession No. ML080020357);
10. Letter dated June 27, 2008, from ORISE to NRC, ``Final Report--
Confirmatory Survey for the Partial Site Release at the ABB Inc. CE
Windsor Site; Windsor, Connecticut'' (ADAMS Accession No. ML082420398);
and
11. NRC Inspection Report 03000754/2008001, dated September 30,
2008, (ADAMS Accession Nos. ML082730833 and ML082730842).
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 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 Public Document Room, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The Public Document Room reproduction contractor will copy documents
for a fee.
Dated at King of Prussia, Pennsylvania, this 30th day of
December, 2008.
For the Nuclear Regulatory Commission.
Eugene Cobey,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E9-202 Filed 1-8-09; 8:45 am]
BILLING CODE 7590-01-P
