Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 06-00253-04 for Amendment of the License and Unrestricted Release of the Hartford Hospital's Research Facilities in Hartford, CT, 39344-39346 [E9-18819]

Download as PDF jlentini on DSKJ8SOYB1PROD with NOTICES 39344 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices the NRC’s Agencywide Documents Access and Management System (ADAMS). Because your comments will not be edited to remove any identifying or contact information, the NRC cautions you against including any information in your submission that you do not want to be publicly disclosed. The NRC requests that any party soliciting or aggregating comments received from other persons for submission to the NRC inform those persons that the NRC will not edit their comments to remove any identifying or contact information, and therefore, they should not include any information in their comments that they do not want publicly disclosed. You may submit comments by any of the following methods: 1. Mail comments to: Rulemaking and Directives Branch, Mail Stop: TWB–05– B01M, Division of Administrative Services, Office of Administration, U.S. Nuclear Regulatory Commission, Washington, DC 20555–0001. 2. Federal e-Rulemaking Portal: Go to http://www.regulations.gov and search for documents filed under Docket ID [NRC–2009–0345]. Address questions about NRC dockets to Carol Gallagher, 301–492–3668; e-mail Carol.Gallagher@nrc.gov. 3. Fax comments to: Rulemaking and Directives Branch, Office of Administration, U.S. Nuclear Regulatory Commission at (301) 492–3446. Requests for technical information about DG–5034 may be directed to the NRC contact, Robert Norman at (301) 415–2278 or e-mail to Robert.Norman@nrc.gov. Comments would be most helpful if received by October 1, 2009. Comments received after that date will be considered if it is practical to do so, but the NRC is able to ensure consideration only for comments received on or before this date. Although a time limit is given, comments and suggestions in connection with items for inclusion in guides currently being developed or improvements in all published guides are encouraged at any time. Electronic copies of DG–5034 are available through the NRC’s public Web site under Draft Regulatory Guides in the ‘‘Regulatory Guides’’ collection of the NRC’s Electronic Reading Room at http://www.nrc.gov/reading-rm/doccollections/. Electronic copies are also available in ADAMS (http:// www.nrc.gov/reading-rm/adams.html), under Accession No. ML090930608. In addition, regulatory guides are available for inspection at the NRC’s Public Document Room (PDR) located at 11555 Rockville Pike, Rockville, VerDate Nov<24>2008 17:04 Aug 05, 2009 Jkt 217001 Maryland. The PDR’s mailing address is USNRC PDR, Washington, DC 20555– 0001. The PDR can also be reached by telephone at (301) 415–4737 or (800) 397–4205, by fax at (301) 415–3548, and by e-mail to pdr.resource@nrc.gov. Regulatory guides are not copyrighted, and Commission approval is not required to reproduce them. Dated at Rockville, Maryland, this 30th day of July, 2009. For the Nuclear Regulatory Commission. John N. Ridgely, Acting Chief, Regulatory Guide Development Branch, Division of Engineering, Office of Nuclear Regulatory Research. [FR Doc. E9–18817 Filed 8–5–09; 8:45 am] BILLING CODE 7590–01–P Street in Hartford, Connecticut. Issuance of the amendment would authorize release of the Facility for unrestricted use. The Licensee requested this action in a letter dated March 28, 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 NUCLEAR REGULATORY COMMISSION [NRC–2009–0343; Docket No. 030–01239] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Byproduct Materials License No. 06–00253–04 for Amendment of the License and Unrestricted Release of the Hartford Hospital’s Research Facilities in Hartford, CT AGENCY: Nuclear Regulatory Commission. ACTION: Issuance of Environmental Assessment and Finding of No Significant Impact for License Amendment. FOR FURTHER INFORMATION CONTACT: Penny Lanzisera, Senior Health Physicist, Medical Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale Road, King of Prussia, Pennsylvania 19406; telephone (610) 337–5169; fax number (610) 337–5269; or by e-mail: penny.lanzisera@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. 06– 00253–04. This license is held by Hartford Hospital (the Licensee), for, in part, Surgical Research on the second floor of the Crane-East Building, Medical Research on the third floor of the Crane-East Building, Animal Care and Research on the fourth floor of the Crane-East Building, Immunochemistry Research on the third floor of the Bliss Wing, and Special Hematology Research on the third floor of the High Building (the Facility), located at 80 Seymour PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 The proposed action would approve the Licensee’s March 28, 2008 license amendment request, resulting in release of the Facility for unrestricted use. License No. 06–00253–04 was issued on October 11, 1956, pursuant to 10 CFR Part 30, and has been amended periodically since that time. This license authorized the Licensee to use, in part, unsealed byproduct material for purposes of conducting research and development activities on laboratory bench tops and in hoods. The Facility consists of office space and laboratories located in three buildings. The Facility is located in a commercial area. Within the Facility, use of licensed materials was confined to 13,350 square feet in the Crane—East Building, 2,400 square feet in the Bliss Wing, and 210 square feet in the High Building. In July 2002, 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. Need for the Proposed Action The Licensee has ceased conducting licensed activities at the Facility, and seeks the unrestricted use of its Facility. E:\FR\FM\06AUN1.SGM 06AUN1 jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices 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 26, 2000, with followup surveys conducted on April 9, 2009. This survey covered all laboratories, counting rooms, offices, and animal facilities located in the three research buildings. The final status survey report was attached to the Licensee’s amendment request dated March 28, 2008, with follow-up surveys provided on April 14, 2009. 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 VerDate Nov<24>2008 17:04 Aug 05, 2009 Jkt 217001 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 Connecticut Department of Environmental Protection for review on June 8, 2009. On July 14, 2009, the Connecticut Department of Environmental Protection 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 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 39345 nature, and will not affect listed species or critical habitat. Therefore, no further consultation is required under Section 7 of the Endangered Species Act. The NRC staff has also determined that the proposed action is not the type of activity that has the potential to cause effects on historic properties. Therefore, no further consultation is required under Section 106 of the National Historic Preservation Act. III. Finding of No Significant Impact The NRC staff has prepared this EA in support of the proposed action. On the basis of this EA, the NRC finds that there are no significant environmental impacts from the proposed action, and that preparation of an environmental impact statement is not warranted. Accordingly, the NRC has determined that a Finding of No Significant Impact is appropriate. IV. Further Information Documents related to this action, including the application for license amendment and supporting documentation, are available electronically at the NRC’s Electronic Reading Room at http://www.nrc.gov/ reading-rm/adams.html. From this site, you can access the NRC’s Agencywide 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. Letter dated March 28, 2008 requesting amendment (ML081050466). 2. Letter dated April 7, 2009 providing additional information (ML090980511). 3. Swipe Survey Analysis information dated April 9, 2009 (ML091110096). 4. Letter dated May 28, 2009 providing additional information (ML091490256). 5. NUREG–1757, ‘‘Consolidated NMSS Decommissioning Guidance;’’ 6. Title 10 Code of Federal Regulations, Part 20, Subpart E, ‘‘Radiological Criteria for License Termination;’’ 7. Title 10, Code of Federal Regulations, Part 51, ‘‘Environmental Protection Regulations for Domestic Licensing and Related Regulatory Functions;’’ and 8. NUREG–1496, ‘‘Generic Environmental Impact Statement in Support of Rulemaking on Radiological Criteria for License Termination of NRC–Licensed Nuclear Facilities.’’ If you do not have access to ADAMS, or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) E:\FR\FM\06AUN1.SGM 06AUN1 39346 Federal Register / Vol. 74, No. 150 / Thursday, August 6, 2009 / Notices Reference staff at 1–800–397–4209, 301– 415–4737, or by e-mail to pdr@nrc.gov. These documents may also be viewed electronically on the public computers located at the NRC’s PDR, O 1 F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction contractor will copy documents for a fee. Dated at Region I, 475 Allendale Road, King of Prussia, PA this 28th day of July 2009. For the Nuclear Regulatory Commission. James P. Dwyer, Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, Region I. [FR Doc. E9–18819 Filed 8–5–09; 8:45 am] BILLING CODE 7590–01–P NUCLEAR REGULATORY COMMISSION [NRC–2008–0639; Docket Nos. 030–05224 and 040–08478] Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendments to Byproduct Materials License No. 29–00170–03 and Source Materials License No. SMB–1260, Incorporating the Decommissioning Plan for Bell Laboratories Murray Hill Facility in Murray Hill, 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: jlentini on DSKJ8SOYB1PROD with NOTICES I. Introduction The U.S. Nuclear Regulatory Commission (NRC) is considering the issuance of license amendments to Byproduct Materials License No. 29– 00170–03 and Source Materials License No. SMB–1260. The licenses are held by Bell Laboratories (the Licensee), for its Murray Hill Facility, located at 600 Mountain Avenue in Murray Hill, New Jersey (the Facility). Issuance of the amendments would incorporate the Decommissioning Plan (DP) into the licenses to allow completion of decommissioning activities at the site and subsequent release of the Facility, VerDate Nov<24>2008 17:04 Aug 05, 2009 Jkt 217001 except one room in the Radiation Lab, for unrestricted use and the termination of its NRC materials licenses. The room which is not being released is covered by NRC License No. 29–00170–08. The NRC has evaluated and approved the Licensee’s DP. The findings of this evaluation are documented in a Safety Evaluation Report which will be issued along with the amendments. The Licensee requested these actions in a letter dated June 12, 2008. The Licensee’s amendment requests were noted in the Federal Register on December 8, 2008 (73 FR 74529). This Federal Register notice also provided an opportunity for a hearing on these licensing actions. No hearing requests were received. The NRC has prepared an Environmental Assessment (EA) in support of the proposed actions 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 actions. The amendments 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 actions would approve the Licensee’s June 12, 2008 license amendment requests to incorporate the DP into the licenses, resulting in decommissioning of the facility and subsequent release of the Facility, except one room in the Radiation Lab, for unrestricted use and the termination of its NRC materials licenses. The room which is not being released is covered by NRC License No. 29–00170–08. License No. 29–00170–03 was issued on January 25, 1957, pursuant to 10 CFR Part 30, and License No. SMB–1260 was issued on December 2, 1975, pursuant to 10 CFR Part 40. Both licenses have been amended periodically since the issue dates. These licenses authorized the Licensee to use sealed and unsealed byproduct material and source material for the purpose of conducting research and development activities on laboratory bench tops and in hoods. The Facility is situated on 196 acres and encompasses fifteen buildings. The buildings in which licensed materials were used consist of office space and laboratories. The Facility is located in a mixed residential/commercial area. Within the Facility, use of licensed materials was confined to Buildings 1,2,6,7 and 15. Notification that all licensed activities had ceased was received April 26, 2007. PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 Need for the Proposed Action The proposed actions are to approve the DP so that the Licensee may complete Facility decommissioning activities. Completion of the decommissioning activities will reduce residual radioactivity at the Facility. NRC regulations require licensees to begin timely decommissioning of their sites, or any separate buildings that contain residual radioactivity, upon cessation of licensed activities, in accordance with 10 CFR 30.36(d) and 10 CFR 40.42(d). The proposed licensing actions will support such a goal. NRC is fulfilling its responsibilities under the Atomic Energy Act to make a decision on the proposed license amendments for decommissioning that ensures protection of the public health and safety. Environmental Impacts of the Proposed Action The historical review of licensed activities conducted at the Facility shows that such activities involved research and development activities using sealed and unsealed byproduct material and source material. The licensed materials were always stored and used inside buildings with no releases. The NRC staff has reviewed the Licensee amendment requests for the Facility and examined the impacts of these license amendment requests. Potential impacts include water resource impact (e.g., water may be used for dust control), air quality impacts from dust emissions, temporary local traffic impacts resulting from transporting debris, human health impacts, noise impacts from equipment operation, scenic quality impacts, and waste management impacts. Based on its review, the staff has determined that no surface water or ground water impacts are expected from the decommissioning activities. Additionally, the staff has determined that significant air quality, noise, land use, and off-site radiation exposure impacts are also not expected. No significant air quality impacts are anticipated because of the limited amount of contamination and the controls that will be implemented by the Licensee during decommissioning activities. In addition, the environmental impacts associated with the decommissioning activities are bounded by impacts evaluated by NUREG–0586, ‘‘Final Generic Environmental Impact Statement on the Decommissioning of Nuclear Facilities,’’ (GEIS). Generic impacts for this type of decommissioning process were E:\FR\FM\06AUN1.SGM 06AUN1

Agencies

[Federal Register Volume 74, Number 150 (Thursday, August 6, 2009)]
[Notices]
[Pages 39344-39346]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-18819]


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NUCLEAR REGULATORY COMMISSION

[NRC-2009-0343; Docket No. 030-01239]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Amendment to Byproduct Materials 
License No. 06-00253-04 for Amendment of the License and Unrestricted 
Release of the Hartford Hospital's Research Facilities in Hartford, CT

AGENCY: Nuclear Regulatory Commission.

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

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

FOR FURTHER INFORMATION CONTACT: Penny Lanzisera, Senior Health 
Physicist, Medical Branch, Division of Nuclear Materials Safety, Region 
I, 475 Allendale Road, King of Prussia, Pennsylvania 19406; telephone 
(610) 337-5169; fax number (610) 337-5269; or by e-mail: 
penny.lanzisera@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. 06-
00253-04. This license is held by Hartford Hospital (the Licensee), 
for, in part, Surgical Research on the second floor of the Crane-East 
Building, Medical Research on the third floor of the Crane-East 
Building, Animal Care and Research on the fourth floor of the Crane-
East Building, Immunochemistry Research on the third floor of the Bliss 
Wing, and Special Hematology Research on the third floor of the High 
Building (the Facility), located at 80 Seymour Street in Hartford, 
Connecticut. Issuance of the amendment would authorize release of the 
Facility for unrestricted use. The Licensee requested this action in a 
letter dated March 28, 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 March 28, 2008 
license amendment request, resulting in release of the Facility for 
unrestricted use. License No. 06-00253-04 was issued on October 11, 
1956, pursuant to 10 CFR Part 30, and has been amended periodically 
since that time. This license authorized the Licensee to use, in part, 
unsealed byproduct material for purposes of conducting research and 
development activities on laboratory bench tops and in hoods.
    The Facility consists of office space and laboratories located in 
three buildings. The Facility is located in a commercial area. Within 
the Facility, use of licensed materials was confined to 13,350 square 
feet in the Crane--East Building, 2,400 square feet in the Bliss Wing, 
and 210 square feet in the High Building.
    In July 2002, 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.

[[Page 39345]]

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 26, 2000, 
with follow-up surveys conducted on April 9, 2009. This survey covered 
all laboratories, counting rooms, offices, and animal facilities 
located in the three research buildings. The final status survey report 
was attached to the Licensee's amendment request dated March 28, 2008, 
with follow-up surveys provided on April 14, 2009. 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 
Connecticut Department of Environmental Protection for review on June 
8, 2009. On July 14, 2009, the Connecticut Department of Environmental 
Protection 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 http://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. Letter dated March 28, 2008 requesting amendment (ML081050466).
    2. Letter dated April 7, 2009 providing additional information 
(ML090980511).
    3. Swipe Survey Analysis information dated April 9, 2009 
(ML091110096).
    4. Letter dated May 28, 2009 providing additional information 
(ML091490256).
    5. NUREG-1757, ``Consolidated NMSS Decommissioning Guidance;''
    6. Title 10 Code of Federal Regulations, Part 20, Subpart E, 
``Radiological Criteria for License Termination;''
    7. Title 10, Code of Federal Regulations, Part 51, ``Environmental 
Protection Regulations for Domestic Licensing and Related Regulatory 
Functions;'' and
    8. NUREG-1496, ``Generic Environmental Impact Statement in Support 
of Rulemaking on Radiological Criteria for License Termination of NRC-
Licensed Nuclear Facilities.''
    If you do not have access to ADAMS, or if there are problems in 
accessing the documents located in ADAMS, contact the NRC Public 
Document Room (PDR)

[[Page 39346]]

Reference staff at 1-800-397-4209, 301-415-4737, or by e-mail to 
pdr@nrc.gov. These documents may also be viewed electronically on the 
public computers located at the NRC's PDR, O 1 F21, One White Flint 
North, 11555 Rockville Pike, Rockville, MD 20852. The PDR reproduction 
contractor will copy documents for a fee.

    Dated at Region I, 475 Allendale Road, King of Prussia, PA this 
28th day of July 2009.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. E9-18819 Filed 8-5-09; 8:45 am]
BILLING CODE 7590-01-P