Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 29-30906-01, for Unrestricted Release of the Signum Biosciences, Inc.'s Facility in Monmouth Junction, NJ, 6060-6062 [E9-2362]
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Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices
that they had gone out of business. Id.
Attached to the motion was the
Affidavit (Dated 10/16/08) of a DEA
Diversion Investigator. In her Affidavit,
the Investigator stated that on
September 4, 2008, she had spoken with
the Program Director of the Colorado
Board of Pharmacy and had been told
that the Foothills Family Pharmacy of
Lafayette had been closed since January
2008. Affidavit at 1–2. The Investigator
further stated that she had also spoken
with an Inspector for the Colorado
Board who advised her that Calvin
Tyree, the owner of Foothills Family
Pharmacy of Boulder, had submitted the
document required to close the
pharmacy. Id. at 2. The Investigator
further stated that she had confirmed
the latter pharmacy’s closing with some
of its former employees. Id.
On November 18, 2008, I issued an
Order granting Respondents fifteen days
to respond to the Government’s motion.
Neither Respondent has filed a
response.
Based on the Affidavit, I find that
each Respondent has discontinued
business or professional practice. Under
21 CFR 1301.52, ‘‘the registration of any
person shall terminate if and when such
person dies, ceases legal existence, or
discontinues business or professional
practice.’’ Accordingly, I will grant the
Government’s motion and declare that
each Respondent’s registration has
terminated. I will also order that any
pending applications submitted by
either Respondent be denied.
Order
Pursuant to the authority vested in me
under 5 U.S.C. 554(e), as well as 28 CFR
0.100(b) & 0.104, I grant the
Government’s motion and hereby
declare terminated DEA Certificate of
Registration, BF8528361, issued to
Foothills Family Pharmacy of Boulder,
Colorado, and DEA Certificate of
Registration, BF8933334, issued to
Foothills Family Pharmacy of Lafayette,
Colorado. I further order that any
pending applications of Foothills
Family Pharmacy of Boulder, Colorado,
and Foothills Family Pharmacy of
Lafayette, Colorado, be, and they hereby
are, denied. This Order is effective
immediately.
Dated: January 27, 2009.
Michele M. Leonhart,
Deputy Administrator.
[FR Doc. E9–2330 Filed 2–3–09; 8:45 am]
BILLING CODE 4410–09–P
VerDate Nov<24>2008
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 50–302; NRC–2009–0039]]
Florida Power Corporation Notice of
Receipt and Availability of Application
for Renewal of Crystal River Unit 3
Nuclear Generating Plant Facility
Operating License No. DPR–72 for an
Additional 20-Year Period
The U.S. Nuclear Regulatory
Commission (NRC) has received an
application, dated December 16, 2008,
from Florida Power Corporation, filed
pursuant to Section 104b of the Atomic
Energy Act of 1954, as amended, and
Title 10 of the Code of Federal
Regulations Part 54 (10 CFR Part 54), to
renew the operating license for the
Crystal River Unit 3 Nuclear Generating
Plant (CR–3). Renewal of the license
would authorize the applicant to
operate the facility for an additional 20year period beyond the period specified
in the current operating license. The
current operating license for CR–3
expires on December 3, 2016. CR–3 is a
pressurized-water reactor designed by
Combustion Engineering that is located
in Citrus County, Florida. The
acceptability of the tendered application
for docketing, and other matters
including an opportunity to request a
hearing, will be the subject of
subsequent Federal Register notices.
Copies of the application are available
to the public at the Commission’s Public
Document Room (PDR), located at One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852 or
through the internet from the NRC’s
Agencywide Documents Access and
Management System (ADAMS) Public
Electronic Reading Room under
Accession Number ML090080053. The
ADAMS Public Electronic Reading
Room is accessible from the NRC Web
site at https://www.nrc.gov/reading-rm/
adams.html. In addition, the application
is available at https://www.nrc.gov/
reactors/operating/licensing/renewal/
applications.html. Persons who do not
have access to the Internet or who
encounter problems in accessing the
documents located in ADAMS should
contact the NRC’s PDR reference staff at
1–800–397–4209, extension 4737, or by
e-mail to pdr@nrc.gov.
A copy of the license renewal
application for CR–3 is also available to
local residents near the site at the
Coastal Region Library, 8619 W. Crystal
St., Crystal River, FL 34428–4468.
Dated at Rockville, Maryland, this 29th day
of January, 2009.
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For the Nuclear Regulatory Commission.
Brian E. Holian,
Director, Division of License Renewal, Office
of Nuclear Reactor Regulation.
[FR Doc. E9–2323 Filed 2–3–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–36545; NRC–2009–0038]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 29–30906–01, for
Unrestricted Release of the Signum
Biosciences, Inc.’s Facility in
Monmouth Junction, NJ
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
FOR FURTHER INFORMATION CONTACT:
Steve Hammann, Health Physicist,
Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I,
475 Allendale Road, King of Prussia,
Pennsylvania; telephone 610–337–5399;
fax number 610–337–5269; or by e-mail:
stephen.hammann@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. 29–
30906–01. This license is held by
Signum Biosciences, Inc. (Licensee), for
its facility located at 1 Deer Park Drive
in Monmouth Junction, New Jersey
(Facility). Issuance of the amendment
would authorize release of the Facility
for unrestricted use. The Licensee
requested this action in a letter dated
April 14, 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.
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Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve
the Licensee’s request, resulting in
release of the Facility for unrestricted
use. License No. 29–30906–01 was
issued on May 18, 2004, pursuant to 10
CFR Part 30, and has been amended
periodically since that time. This
license authorized the Licensee to use
unsealed byproduct material for
purposes of conducting research and
development activities on laboratory
bench tops.
The Facility consists of 5,800 square
feet of office space and laboratories. The
Facility is located in a commercial area.
Within the Facility, use of licensed
materials was confined to two
laboratories totaling 2,500 square feet.
On March 19, 2008, 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.
Need for the Proposed Action
The Licensee has ceased conducting
licensed activities at the Facility, and
seeks the unrestricted use of its Facility.
Environmental Impacts of the Proposed
Action
The historical review of licensed
activities conducted at the Facility
shows that such activities involved use
of the following radionuclides with halflives greater than 120 days: Hydrogen3 and carbon-14. Prior to performing the
final status survey, the Licensee
conducted decontamination activities,
as necessary, in the areas of the Facility
affected by these radionuclides.
The Licensee conducted a final status
survey on March 19, 2008. This survey
covered the laboratories in which
radionuclides were used. The final
status survey report was attached to the
Licensee’s amendment request dated
April 14, 2008. The Licensee elected to
demonstrate compliance with the
radiological criteria for unrestricted
release as specified in 10 CFR 20.1402
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14:33 Feb 03, 2009
Jkt 217001
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 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
PO 00000
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6061
conflicts with 10 CFR 30.36(d),
requiring that decommissioning of
byproduct material facilities be
completed and approved by the NRC
after licensed activities cease. The
NRC’s analysis of the Licensee’s final
status survey data confirmed that the
Facility meets the requirements of 10
CFR 20.1402 for unrestricted release.
Additionally, denying the amendment
request would result in no change in
current environmental impacts. The
environmental impacts of the proposed
action and the no-action alternative are
therefore similar, and the no-action
alternative is accordingly not further
considered.
Conclusion
The NRC staff has concluded that the
proposed action is consistent with the
NRC’s unrestricted release criteria
specified in 10 CFR 20.1402. Because
the proposed action will not
significantly impact the quality of the
human environment, the NRC staff
concludes that the proposed action is
the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the State
of New Jersey Department of
Environmental Protection for review on
November 24, 2008. On December 18,
2008, the Department of Environmental
Protection responded by letter. 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
E:\FR\FM\04FEN1.SGM
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Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices
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. Amendment Request Letter dated
April 14, 2008 (ML081190328);
6. Request for additional information
dated June 12, 2008 (ML081680055);
and
7. Deficiency response letter dated
September 3, 2008 (ML082700975).
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to
PDR.Resource@nrc.gov. These
documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Region I, 475 Allendale Road,
King of Prussia, PA this 26th day of January
2009.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety Region I.
[FR Doc. E9–2362 Filed 2–3–09; 8:45 am]
BILLING CODE 7590–01–P
VerDate Nov<24>2008
14:33 Feb 03, 2009
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NUCLEAR REGULATORY
COMMISSION
[Docket No. 030–16033; NRC–2009–0037]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Byproduct Materials
License No. 29–19080–01 for
Termination of the License and
Unrestricted Release of Seiko
Corporaton of America’s Facility in
Mahwah, NJ
AGENCY: Nuclear Regulatory
Commission.
ACTION: Issuance of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment.
FOR FURTHER INFORMATION CONTACT:
Dennis Lawyer, Health Physicist,
Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I,
475 Allendale Road, King of Prussia,
Pennsylvania; telephone 610–337–5366;
fax number 610–337–5269 or by e-mail:
dennis.lawyer@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. 29–
19080–01. This license is held by Seiko
Corporation of America (the Licensee),
for its Seiko Building located at 1111
MacArthur Boulevard in Mahway, New
Jersey (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 September 29, 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 September 29, 2008,
license amendment request, resulting in
release of the Facility for unrestricted
use and the termination of its NRC
materials license. License No. 29–
19080–01 was issued on December 6,
PO 00000
Frm 00051
Fmt 4703
Sfmt 4703
1991, pursuant to 10 CFR Part 30, and
has been amended periodically since
that time. This license authorized the
Licensee to use luminous paint
contained on time piece hands and dials
for purposes of possession and storage
prior to distribution and the repair of
watches including replacements of
parts.
The Facility is situated within a
141,000 square foot building containing
the repair shop and warehouse. Within
the Facility, use of licensed materials
was confined to 6,000 square feet. The
Facility is located in a mixed
residential/commercial area. Within the
Facility, the radionuclide of concern
was promethium 147 because its halflife is greater than 120 days.
On May 30, 2008, 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 NRCapproved 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 radionuclide with halflives greater than 120 days: Promethium
147. Prior to performing the final status
survey, the Licensee conducted
decontamination activities, as
necessary, in the areas of the Facility
affected by this radionuclide.
The Licensee conducted a final status
survey during September 2008. The
final status survey report was attached
to the Licensee’s letter dated September
29, 2008. The Licensee elected to
demonstrate compliance with the
radiological criteria for unrestricted
E:\FR\FM\04FEN1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Notices]
[Pages 6060-6062]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2362]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[Docket No. 030-36545; NRC-2009-0038]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Byproduct Materials
License No. 29-30906-01, for Unrestricted Release of the Signum
Biosciences, Inc.'s Facility in Monmouth Junction, NJ
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of Environmental Assessment and Finding of No
Significant Impact for License Amendment.
-----------------------------------------------------------------------
FOR FURTHER INFORMATION CONTACT: Steve Hammann, Health Physicist,
Commercial and R&D Branch, Division of Nuclear Materials Safety, Region
I, 475 Allendale Road, King of Prussia, Pennsylvania; telephone 610-
337-5399; fax number 610-337-5269; or by e-mail:
stephen.hammann@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. 29-
30906-01. This license is held by Signum Biosciences, Inc. (Licensee),
for its facility located at 1 Deer Park Drive in Monmouth Junction, New
Jersey (Facility). Issuance of the amendment would authorize release of
the Facility for unrestricted use. The Licensee requested this action
in a letter dated April 14, 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.
[[Page 6061]]
II. Environmental Assessment
Identification of Proposed Action
The proposed action would approve the Licensee's request, resulting
in release of the Facility for unrestricted use. License No. 29-30906-
01 was issued on May 18, 2004, pursuant to 10 CFR Part 30, and has been
amended periodically since that time. This license authorized the
Licensee to use unsealed byproduct material for purposes of conducting
research and development activities on laboratory bench tops.
The Facility consists of 5,800 square feet of office space and
laboratories. The Facility is located in a commercial area. Within the
Facility, use of licensed materials was confined to two laboratories
totaling 2,500 square feet.
On March 19, 2008, 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.
Need for the Proposed Action
The Licensee has ceased conducting licensed activities at the
Facility, and seeks the unrestricted use of its Facility.
Environmental Impacts of the Proposed Action
The historical review of licensed activities conducted at the
Facility shows that such activities involved use of the following
radionuclides with half-lives greater than 120 days: Hydrogen-3 and
carbon-14. Prior to performing the final status survey, the Licensee
conducted decontamination activities, as necessary, in the areas of the
Facility affected by these radionuclides.
The Licensee conducted a final status survey on March 19, 2008.
This survey covered the laboratories in which radionuclides were used.
The final status survey report was attached to the Licensee's amendment
request dated April 14, 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 is in compliance with 10 CFR 20.1402. Based on its
review, the staff considered the impact of the residual radioactivity
at the Facility and concluded that the proposed action will not have a
significant effect on the quality of the human environment.
Environmental Impacts of the Alternatives to the Proposed Action
Due to the largely administrative nature of the proposed action,
its environmental impacts are small. Therefore, the only alternative
the staff considered is the no-action alternative, under which the
staff would leave things as they are by simply denying the amendment
request. This no-action alternative is not feasible because it
conflicts with 10 CFR 30.36(d), requiring that decommissioning of
byproduct material facilities be completed and approved by the NRC
after licensed activities cease. The NRC's analysis of the Licensee's
final status survey data confirmed that the Facility meets the
requirements of 10 CFR 20.1402 for unrestricted release. Additionally,
denying the amendment request would result in no change in current
environmental impacts. The environmental impacts of the proposed action
and the no-action alternative are therefore similar, and the no-action
alternative is accordingly not further considered.
Conclusion
The NRC staff has concluded that the proposed action is consistent
with the NRC's unrestricted release criteria specified in 10 CFR
20.1402. Because the proposed action will not significantly impact the
quality of the human environment, the NRC staff concludes that the
proposed action is the preferred alternative.
Agencies and Persons Consulted
NRC provided a draft of this Environmental Assessment to the State
of New Jersey Department of Environmental Protection for review on
November 24, 2008. On December 18, 2008, the Department of
Environmental Protection responded by letter. 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
[[Page 6062]]
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. Amendment Request Letter dated April 14, 2008 (ML081190328);
6. Request for additional information dated June 12, 2008
(ML081680055); and
7. Deficiency response letter dated September 3, 2008
(ML082700975).
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to PDR.Resource@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at Region I, 475 Allendale Road, King of Prussia, PA this
26th day of January 2009.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety
Region I.
[FR Doc. E9-2362 Filed 2-3-09; 8:45 am]
BILLING CODE 7590-01-P
