Notice of Availability of Environmental Assessment and Finding of No Significant Impact for License Amendment to Source Materials License No. Stc-133, for Unrestricted Release of the Defense Logistics Agency's Curtis Bay Depot Facility In Baltimore, MD, 41459-41461 [E9-19648]
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Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
Criteria for License Termination of NRCLicensed Nuclear Facilities’’ (NUREG–
1496) Volumes 1–3 (ML042310492,
ML042320379, and ML042330385). The
staff finds there were no significant
environmental impacts from the use of
radioactive material at the Facility. The
NRC staff reviewed the docket file
records and the final status survey
report to identify any non-radiological
hazards that may have impacted the
environment surrounding the Facility.
No such hazards or impacts to the
environment were identified. The NRC
has identified no other radiological or
non-radiological activities in the area
that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
release of the Facility for unrestricted
use and the termination of the NRC
materials license is in compliance with
10 CFR 20.1402. Based on its review,
the staff considered the impact of the
residual radioactivity at the Facility and
concluded that the proposed action will
not have a significant effect on the
quality of the human environment.
mstockstill on DSKH9S0YB1PROD with NOTICES
Environmental Impacts of the
Alternatives to the Proposed Action
Due to the largely administrative
nature of the proposed action, its
environmental impacts are small.
Therefore, the only alternative the staff
considered is the no-action alternative,
under which the staff would leave
things as they are by simply denying the
amendment request. This no-action
alternative is not feasible because it
conflicts with 10 CFR 30.36(d),
requiring that decommissioning of
byproduct material facilities be
completed and approved by the NRC
after licensed activities cease. The
NRC’s analysis of the Licensee’s final
status survey data confirmed that the
Facility meets the requirements of 10
CFR 20.1402 for unrestricted release and
for license termination. Additionally,
denying the amendment request would
result in no change in current
environmental impacts. The
environmental impacts of the proposed
action and the no-action alternative are
therefore similar, and the no-action
alternative is accordingly not further
considered.
Conclusion
The NRC staff has concluded that the
proposed action is consistent with the
NRC’s unrestricted release criteria
specified in 10 CFR 20.1402. Because
the proposed action will not
significantly impact the quality of the
human environment, the NRC staff
concludes that the proposed action is
the preferred alternative.
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17:55 Aug 14, 2009
Jkt 217001
Agencies and Persons Consulted
NRC provided a draft of this
Environmental Assessment to the State
of West Virginia Office of
Environmental Health Services for
review on June 25, 2009. On July 23,
2009, the State of West Virginia Office
of Environmental Health Services
responded by e-mail. The State agreed
with the conclusions of the EA, and
otherwise had no comments.
The NRC staff has determined that the
proposed action is of a procedural
nature, and will not affect listed species
or critical habitat. Therefore, no further
consultation is required under section 7
of the Endangered Species Act. The
NRC staff has also determined that the
proposed action is not the type of
activity that has the potential to cause
effects on historic properties. Therefore,
no further consultation is required
under section 106 of the National
Historic Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in
support of the proposed action. On the
basis of this EA, the NRC finds that
there are no significant environmental
impacts from the proposed action, and
that preparation of an environmental
impact statement is not warranted.
Accordingly, the NRC has determined
that a Finding of No Significant Impact
is appropriate.
IV. Further Information
Documents related to this action,
including the application for license
amendment and supporting
documentation, are available
electronically at the NRC’s Electronic
Reading Room at https://www.nrc.gov/
reading-rm/adams.html. From this site,
you can access the NRC’s Agencywide
Document Access and Management
System (ADAMS), which provides text
and image files of NRC’s public
documents. The documents related to
this action are listed below, along with
their ADAMS accession numbers.
1. NUREG–1757, ‘‘Consolidated
NMSS Decommissioning Guidance;’’
2. Title 10, Code of Federal
Regulations, part 20, subpart E,
‘‘Radiological Criteria for License
Termination;’’
3. Title 10, Code of Federal
Regulations, part 51, ‘‘Environmental
Protection Regulations for Domestic
Licensing and Related Regulatory
Functions;’’
4. NUREG–1496, ‘‘Generic
Environmental Impact Statement in
Support of Rulemaking on Radiological
Criteria for License Termination of
NRC–Licensed Nuclear Facilities;’’ and
PO 00000
Frm 00094
Fmt 4703
Sfmt 4703
41459
5. Termination Request and Final
Survey dated May 1, 2009
(ML091390322).
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Region I, 475 Allendale Road,
King of Prussia, PA this 7th day of August
2009.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E9–19653 Filed 8–14–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2009–0356; Docket No. 040–00341]
Notice of Availability of Environmental
Assessment and Finding of No
Significant Impact for License
Amendment to Source Materials
License No. Stc–133, for Unrestricted
Release of the Defense Logistics
Agency’s Curtis Bay Depot Facility In
Baltimore, MD
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, 19406; 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
Source Materials License No. STC–133.
This license is held by Defense Logistics
Agency (the Licensee), for its Curtis Bay
Depot (the Facility), located at 710
Ordnance Road in Baltimore, Maryland.
Issuance of the amendment would
authorize release of the Facility for
E:\FR\FM\17AUN1.SGM
17AUN1
41460
Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
unrestricted use. The Licensee
requested this action in a letter dated
February 3, 2006. 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 February 3, 2006, license
amendment request, resulting in release
of the Facility for unrestricted use.
License No. STC–133 was issued on
February 14, 1957, pursuant to 10 CFR
Part 40, and has been amended
periodically since that time. This
license authorized the Licensee to
possess natural uranium and thorium
mixtures as ores, concentrates, and
solids for the purpose of storage,
sampling, repackaging, and transfer for
the activities of the National Defense
Stockpile.
The Facility is situated on
approximately 483 acres of grassy open
areas and some lightly wooded areas
and consists of various building pads,
buildings and warehouses, some
functional and others in a serious state
of disrepair. A number of paved and dirt
roads, along with railroad tracks,
traverse the site. The Facility is located
in an industrial area. Within the
Facility, use of licensed materials was
confined to buildings 1022, A–921, B–
911, B–912, B–913, F–731, F–734, F–
735, F–736, F–737, G–721, H–711, H–
712, H–713, H–714, H–715, and the
waste burial pit.
In May 2005, the Licensee ceased
licensed activities and initiated a survey
and decontamination of the Facility.
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.
mstockstill on DSKH9S0YB1PROD with NOTICES
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
VerDate Nov<24>2008
17:55 Aug 14, 2009
Jkt 217001
of the following licensed materials with
half-lives greater than 120 days: thorium
and uranium in the form of thorium
nitrate, monazite sand, and sodium
sulfate. Prior to performing the final
status survey, the Licensee conducted
decontamination activities, as
necessary, in the areas of the Facility
affected by these materials.
The Licensee conducted a final status
survey which encompassed the entire
facility. The final status survey report
was attached to the Licensee’s letter
dated January 11, 2008. The Licensee
elected to demonstrate compliance with
the radiological criteria for unrestricted
release as specified in 10 CFR 20.1402
by developing derived concentration
guideline levels (DCGLs) for its Facility.
The Licensee conducted site-specific
dose modeling using input parameters
specific to the Facility that adequately
bounded the potential dose. This
included dose modeling for two
scenarios: building surfaces and soil.
The building surface dose model was
based on the warehouse worker scenario
and the soil dose modeling was based
on a resident farmer scenario. The
Licensee thus determined the maximum
amount of residual radioactivity on
building surfaces, equipment, materials,
and soils 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 proposed DCGLs and
concluded that the proposed DCGLs are
acceptable for use as release criteria at
the Facility. The NRC’s approval of the
Licensee’s proposed DCGLs was
published in the Federal Register on
June 22, 2007. The Licensee’s final
status survey results were below these
DCGLs and are thus acceptable.
The NRC staff conducted
confirmatory surveys on April 3–4,
2007; May 3, 2007; July 11, 2007, and
November 30, 2007. None of the
confirmatory sample results exceeded
the DCGLs 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 Licensee also
considered and appropriately accounted
for the dose contribution from previous
site releases. The staff finds there were
no significant environmental impacts
from the use of radioactive material at
PO 00000
Frm 00095
Fmt 4703
Sfmt 4703
the Facility. The NRC staff reviewed the
docket file records and the final status
survey report to identify any nonradiological hazards that may have
impacted the environment surrounding
the Facility. No such hazards or impacts
to the environment were identified. The
NRC has identified no other radiological
or non-radiological activities in the area
that could result in cumulative
environmental impacts.
The NRC staff finds that the proposed
release of the Facility for unrestricted
use and the termination of the NRC
materials license is in compliance with
10 CFR 20.1402, including the impact of
residual radioactivity at previouslyreleased site locations of use. 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 40.42(d),
requiring that decommissioning of
source 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
Maryland Department of the
E:\FR\FM\17AUN1.SGM
17AUN1
Federal Register / Vol. 74, No. 157 / Monday, August 17, 2009 / Notices
Environment for review on June 19,
2009. On July 23, 2009, the Maryland
Department of the Environment
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.
mstockstill on DSKH9S0YB1PROD with NOTICES
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. Submittal Letter dated February 3,
2006: ML060580094.
6. Historical Site Assessment:
ML060580564.
VerDate Nov<24>2008
17:55 Aug 14, 2009
Jkt 217001
7. Preliminary Site Specific Derived
Concentration Guidelines:
ML060580566.
8. Radiological Scoping Survey:
ML060580581.
9. Environmental Assessment,
Disposition of Thorium Nitrate:
ML060580592.
10. Request for Additional
Information dated June 12, 2006:
ML061640494.
11. Deficiency Response Letter dated
July 5, 2006: ML061870570.
12. Deficiency Response Letter dated
August 8, 2006: ML062290404.
13. Characterization Survey Report:
ML062650300.
14. Decommissioning/Remediation
Plan: ML062760618.
15. Receipt of Decommissioning Plan:
ML062930051.
16. Federal Register Notice of
Consideration: ML070230235.
17. Request For Additional
Information dated December 11, 2009:
ML083460027.
18. Deficiency Response Letter dated
May 19, 2009: ML091410338.
If you do not have access to ADAMS,
or if there are problems in accessing the
documents located in ADAMS, contact
the NRC Public Document Room (PDR)
Reference staff at 1–800–397–4209, 301–
415–4737, or by e-mail to pdr@nrc.gov.
These documents may also be viewed
electronically on the public computers
located at the NRC’s PDR, O 1 F21, One
White Flint North, 11555 Rockville
Pike, Rockville, MD 20852. The PDR
reproduction contractor will copy
documents for a fee.
Dated at Region I, 475 Allendale Road,
King of Prussia, PA, this 7th day of August
2009.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division
of Nuclear Materials Safety, Region I.
[FR Doc. E9–19648 Filed 8–14–09; 8:45 am]
BILLING CODE 7590–01–P
NUCLEAR REGULATORY
COMMISSION
[NRC–2008–0500]
License Renewal Interim Staff
Guidance LR–ISG–2007–01: License
Renewal Interim Staff Guidance
Process, Revision 1; Notice of
Availability
AGENCY: Nuclear Regulatory
Commission (NRC).
ACTION: Notice of availability.
SUMMARY: The NRC is issuing the final
License Renewal Interim Staff Guidance
PO 00000
Frm 00096
Fmt 4703
Sfmt 4703
41461
(LR–ISG) LR–ISG–2007–01, ‘‘License
Renewal Interim Staff Guidance Process,
Revision 1’’ (revised LR–ISG process).
This process describes the basic
framework for developing and
implementing interim changes to certain
NRC license renewal guidance
documents. These documents facilitate
the implementation of and NRC staff
review of license renewal applications
submitted in accordance with Title 10 of
the Code of Federal Regulations (10
CFR), Part 54, ‘‘Requirements for
Renewal of Operating Licenses for
Nuclear Power Plants,’’ and Part 51,
‘‘Environmental Protection Regulations
for Domestic Licensing and Related
Regulatory Functions’’ of 10 CFR. The
revised LR–ISG process supersedes the
existing process issued on December 12,
2003, entitled, ‘‘Process for Interim Staff
Guidance.’’ An electronic copy of the
revised LR–ISG process is available in
the NRC’s Agencywide Documents
Access and Management System
(ADAMS) under Accession No.
ML091950069.
FOR FURTHER INFORMATION CONTACT: Mr.
Matthew Homiack, Division of License
Renewal, Office of Nuclear Reactor
Regulation, U.S. Nuclear Regulatory
Commission, Washington, DC 20555–
0001; telephone 301–415–1683; or email Matthew.Homiack@nrc.gov.
ADDRESSES: Documents created or
received after November 1, 1999, are
available electronically at the NRC’s
Public Electronic Reading Room on the
Internet at https://www.nrc.gov/
reading-rm/adams.html. From this site,
the public can gain entry into ADAMS.
If you do not have access to the Internet
or if there are any 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 at
PDR.Resource@nrc.gov.
The NRC posts LR–ISGs on its public
Web page under the ‘‘License Renewal’’
heading at https://www.nrc.gov/
reading-rm/doc-collections/isg.
SUPPLEMENTARY INFORMATION:
Background
On December 12, 2003, the NRC staff
issued a document entitled, ‘‘Process for
Interim Staff Guidance’’
(ML023520620), which is Revision 0 of
the LR–ISG process (previous LR–ISG
process). This document, developed
with input from stakeholders, describes
a process under which the NRC staff
may evaluate proposed changes to
certain license renewal guidance
documents and then, if warranted,
implement a guidance document change
through issuance of an LR–ISG. In this
E:\FR\FM\17AUN1.SGM
17AUN1
Agencies
[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Notices]
[Pages 41459-41461]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19648]
-----------------------------------------------------------------------
NUCLEAR REGULATORY COMMISSION
[NRC-2009-0356; Docket No. 040-00341]
Notice of Availability of Environmental Assessment and Finding of
No Significant Impact for License Amendment to Source Materials License
No. Stc-133, for Unrestricted Release of the Defense Logistics Agency's
Curtis Bay Depot Facility In Baltimore, MD
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, 19406; 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 Source Materials License No. STC-
133. This license is held by Defense Logistics Agency (the Licensee),
for its Curtis Bay Depot (the Facility), located at 710 Ordnance Road
in Baltimore, Maryland. Issuance of the amendment would authorize
release of the Facility for
[[Page 41460]]
unrestricted use. The Licensee requested this action in a letter dated
February 3, 2006. 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 February 3, 2006,
license amendment request, resulting in release of the Facility for
unrestricted use. License No. STC-133 was issued on February 14, 1957,
pursuant to 10 CFR Part 40, and has been amended periodically since
that time. This license authorized the Licensee to possess natural
uranium and thorium mixtures as ores, concentrates, and solids for the
purpose of storage, sampling, repackaging, and transfer for the
activities of the National Defense Stockpile.
The Facility is situated on approximately 483 acres of grassy open
areas and some lightly wooded areas and consists of various building
pads, buildings and warehouses, some functional and others in a serious
state of disrepair. A number of paved and dirt roads, along with
railroad tracks, traverse the site. The Facility is located in an
industrial area. Within the Facility, use of licensed materials was
confined to buildings 1022, A-921, B-911, B-912, B-913, F-731, F-734,
F-735, F-736, F-737, G-721, H-711, H-712, H-713, H-714, H-715, and the
waste burial pit.
In May 2005, the Licensee ceased licensed activities and initiated
a survey and decontamination of the Facility. 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
licensed materials with half-lives greater than 120 days: thorium and
uranium in the form of thorium nitrate, monazite sand, and sodium
sulfate. Prior to performing the final status survey, the Licensee
conducted decontamination activities, as necessary, in the areas of the
Facility affected by these materials.
The Licensee conducted a final status survey which encompassed the
entire facility. The final status survey report was attached to the
Licensee's letter dated January 11, 2008. The Licensee elected to
demonstrate compliance with the radiological criteria for unrestricted
release as specified in 10 CFR 20.1402 by developing derived
concentration guideline levels (DCGLs) for its Facility. The Licensee
conducted site-specific dose modeling using input parameters specific
to the Facility that adequately bounded the potential dose. This
included dose modeling for two scenarios: building surfaces and soil.
The building surface dose model was based on the warehouse worker
scenario and the soil dose modeling was based on a resident farmer
scenario. The Licensee thus determined the maximum amount of residual
radioactivity on building surfaces, equipment, materials, and soils
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 proposed DCGLs and concluded that the proposed DCGLs
are acceptable for use as release criteria at the Facility. The NRC's
approval of the Licensee's proposed DCGLs was published in the Federal
Register on June 22, 2007. The Licensee's final status survey results
were below these DCGLs and are thus acceptable.
The NRC staff conducted confirmatory surveys on April 3-4, 2007;
May 3, 2007; July 11, 2007, and November 30, 2007. None of the
confirmatory sample results exceeded the DCGLs 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 Licensee also considered and appropriately accounted for the dose
contribution from previous site releases. The staff finds there were no
significant environmental impacts from the use of radioactive material
at the Facility. The NRC staff reviewed the docket file records and the
final status survey report to identify any non-radiological hazards
that may have impacted the environment surrounding the Facility. No
such hazards or impacts to the environment were identified. The NRC has
identified no other radiological or non-radiological activities in the
area that could result in cumulative environmental impacts.
The NRC staff finds that the proposed release of the Facility for
unrestricted use and the termination of the NRC materials license is in
compliance with 10 CFR 20.1402, including the impact of residual
radioactivity at previously-released site locations of use. 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 40.42(d), requiring that decommissioning of
source 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
Maryland Department of the
[[Page 41461]]
Environment for review on June 19, 2009. On July 23, 2009, the Maryland
Department of the Environment responded by e-mail. The State agreed
with the conclusions of the EA and otherwise had no comments.
The NRC staff has determined that the proposed action is of a
procedural nature, and will not affect listed species or critical
habitat. Therefore, no further consultation is required under Section 7
of the Endangered Species Act. The NRC staff has also determined that
the proposed action is not the type of activity that has the potential
to cause effects on historic properties. Therefore, no further
consultation is required under Section 106 of the National Historic
Preservation Act.
III. Finding of No Significant Impact
The NRC staff has prepared this EA in support of the proposed
action. On the basis of this EA, the NRC finds that there are no
significant environmental impacts from the proposed action, and that
preparation of an environmental impact statement is not warranted.
Accordingly, the NRC has determined that a Finding of No Significant
Impact is appropriate.
IV. Further Information
Documents related to this action, including the application for
license amendment and supporting documentation, are available
electronically at the NRC's Electronic Reading Room at https://www.nrc.gov/reading-rm/adams.html. From this site, you can access the
NRC's Agencywide 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. Submittal Letter dated February 3, 2006: ML060580094.
6. Historical Site Assessment: ML060580564.
7. Preliminary Site Specific Derived Concentration Guidelines:
ML060580566.
8. Radiological Scoping Survey: ML060580581.
9. Environmental Assessment, Disposition of Thorium Nitrate:
ML060580592.
10. Request for Additional Information dated June 12, 2006:
ML061640494.
11. Deficiency Response Letter dated July 5, 2006: ML061870570.
12. Deficiency Response Letter dated August 8, 2006: ML062290404.
13. Characterization Survey Report: ML062650300.
14. Decommissioning/Remediation Plan: ML062760618.
15. Receipt of Decommissioning Plan: ML062930051.
16. Federal Register Notice of Consideration: ML070230235.
17. Request For Additional Information dated December 11, 2009:
ML083460027.
18. Deficiency Response Letter dated May 19, 2009: ML091410338.
If you do not have access to ADAMS, or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) Reference staff at 1-800-397-4209, 301-415-4737, or
by e-mail to pdr@nrc.gov. These documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at Region I, 475 Allendale Road, King of Prussia, PA, this
7th day of August 2009.
For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety,
Region I.
[FR Doc. E9-19648 Filed 8-14-09; 8:45 am]
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